Análisis jurídico y doctrinario respecto a la falta de aplicación del inc. 5 del art. 146 del COGEP, por parte de los juzgadores en materia de alimentos en lo que concierne a la fijación provisional del régimen de visitas

The Constitution of the Republic of Ecuador, the Conventions and International Treaties ratified by Ecuador, protect the interests, rights and general and particular obligations of all persons, especially children and adolescents. Therefore, its content is oriented in order to safeguard those rights, which is why, under the principles of legality, legal certainty and due process, it is intended to ensure the free exercise and personal development of all persons, without prejudice to any of them. The development of my research, prior to obtaining my law degree, aims to analyze legally and doctrinally, the fair and logical reasons why some situations judges do not apply, or partially apply, what is prescribed in the law; in this case, what is determined by paragraph 5 of Article 146 of the General Organic Code of Procedure. I would like to understand that the judges partially apply what is indicated in the norm, because they use it only up to half of it, obviating something as important as a visitation regime. This could be due to lack of clarity within the norm or the notorious ambiguity, which causes the administrators of justice to make an erroneous and inefficient interpretation, causing a prejudice to the procedural parties; and therefore, violating constitutional rights and principles to the best interest of the child and adolescent, due to the lack of clarity and subsequent application. Now, it is important to demonstrate and justify that the best interest of children and adolescents is realized once there is a parent-child relationship between parents and children, and that family coexistence and emotional support is essential for the development of skills of children and adolescents. Article 44 of the Constitution of the Republic of Ecuador recognizes the integral development of children and adolescents, which makes justice administrators, the family and the State itself responsible for the fulfillment of the exercise of their rights in all their splendor. Additionally, the family environment will allow the development of all basic needs such as: social, emotional, emotional and cultural skills, with the support of inter-social, national and local policies.

• Hlavní autor: Rengel Pinzón, Eivar Gerardo (author)
• Médium: bachelorThesis
• Jazyk: spa
• Vydáno: 2025
• Témata: DERECHO; ANALISIS JURIDICO; COGEP; ECUADOR
• On-line přístup: https://dspace.unl.edu.ec/jspui/handle/123456789/32010