La necesidad de reformar el art. innumerado 22 del libro segundo, título V del Código de la Niñez y Adolescencia, para regular la reincidencia del pago de pensiones alimenticias adeudadas

In our everyday lives and in the application of these laws, are feeling that there are many parents who play the role of obligors who are deprived of their liberty for being unpaid on their respective alimony, and that currently do not have a stable income that allows them to live with decorum and dignity as is the civilian rule, but are not able to continue spending that amount, for the various reasons that afflicts them, whether unemployment, accident, dismissal of work, sickness etc. We are living the most helpless situations, given that the obligors who are repeat offenders must pay the total amount due, otherwise it is not appropriate freedom, which is becoming more difficult to accomplish day as the amount owed continues to accrue and filling the prisons of people without being criminals are human beings who are in breach of the law, a situation that is beside unfair and inequitable. It is when the controversy of the unconstitutionality of Art arises. Unnumbered 22 of Book II, Title V of the Code of Childhood and Adolescence, with Section 29 of Art. 66 of the Constitution, as there is in the opinions of Judgers lords order of personal urgency for the amount owed corresponding to more than a year of maintenance, because freedom will proceed with full payment of the debt plus the costs of the proceedings of the urgency and the raid on the case. Indeed the obligor is arrested with a warrant and subsequently led to the temporary detention centers, but what happens when said obligor has no stable job, your both economic situation psychologically depressing in some cases even worse situation fed them, existing in certain cases that are drug addicts, homeless, terminally ill etc. and with this order of personal urgency against him, further harming the situation, because after ten and thirty days in detention, depending on the circumstances of recidivism, and the reasons given above can not get the money to cover the debt, happens is still days pass, weeks and months and even years and those deprived of their freedom they feel physically, emotionally and psychologically finished his little dignity of human beings have been buried with legal institutions and indicated also there is no legal provision in which they can support or benefit, and keep passing day and not surprisingly alimony continues to build what becomes impossible even to pay and their ability to acquire freedom are chimeric. Thus, within the Constitution of the Republic of Ecuador in its Art. 11 numeral 9 "The highest duty of the state is to respect and enforce the rights guaranteed in the Constitution." As Art. 33 of the Constitution of the Republic of Ecuador, recognized and guaranteed to work as "a right and a social duty and an economic, source of personal fulfillment and economic base", as the eminent index unemployment in the country, this is violated, establish in most cases a primary factor leading to staff who fails urgency, with dire consequences that are also due to layoffs at work. As is to our knowledge the State is responsible for generating jobs I consider that it is failing by not generating employment and hence problems and loopholes that undermine flagrantly against the fundamental rights of obligors required are created, such as the right freedom and honor. Based on these aspects considered necessary to carry out this research work to regulate the recurrence payment of alimony owed Also notice that the staff urgency, far from solving the socio-economic situation that is going through it or obligation has not timely paid alimony in many cases is the cause of countless untimely dismissed, and thus the loss of his job. To this misapplication of pensions where the judge does not agree to monthly income must be added, but rather according to economic assets that it owns, becoming the prison food in a legal provision injurídica , unfair, impractical, immoral, inhuman, arbitrary, harmful and rather encouraging disaffection or resentment between parents and children, violating the most basic rights of people such as freedom, personal integrity and honor, established in the Constitution the Republic of Ecuador in its Art. 67 recognizes the family as the fundamental unit of society and ensure conditions that promote the achievement of its objectives

• Príomhchruthaitheoir: Navarrete Cabezas, Margoth Magdalena (author)
• Formáid: bachelorThesis
• Teanga: spa
• Foilsithe / Cruthaithe: 2015
• Ábhair: CODIGO DE LA NIÑEZ Y LA FAMILIA; PENSIONES ALIMENTICIAS; PENSIÓN ADEUDADA; APREMIO PERSONAL
• Rochtain ar líne: http://dspace.unl.edu.ec/jspui/handle/123456789/8437