Estudio jurídico del régimen de visitas para verificar correcta aplicación del derecho a la libertad, seguridad jurídica y debido proceso, (Análisis del caso 291-20-JH)

Title, deals with: "Legal study of the visitation regime to verify correct application of the right to freedom, legal certainty and due process, (Analysis of case 291-20-JH)" and the need for its realization arises due to the analysis of the Visitation Regime prescribed in Art. 122 of the Code of Childhood and Adolescence where it establishes the Mandatory nature, indicating: In all cases in which the Judge entrusts the possession or the exercise of parental authority to one of the parents, must regulate the system of visits that the other may make to the son or daughter. Later in Article 125 determines the improper retention of the son or daughter, when: The father, the mother or any person who improperly retains the son or daughter whose parental authority, possession or guardianship have been entrusted to another, or who hinders the visiting regime, may be required by court to deliver it immediately to the person who should have it and will be obliged to compensate the damages caused by the improper retention, including the expenses caused by the request and the restitution. If the required does not comply with what is ordered; The Judge will decree personal urgency against him, without prejudice to ordering, without the need for a prior resolution, the search of the property in which the son or daughter is located or is supposed to be located, to achieve his recovery. When adapting their behavior, one of the spouses in hindering the visitation regime must follow the judicial procedure for the recovery of the minor; for which the Judge with the Police specialized in childhood and adolescence are the competent ones for this judicial diligence. The judge has the discretion to order personal enforcement against the offending spouse. And this is how the analysis of the sentence issued by the Selection Chamber of the Constitutional Court of Ecuador on April 6, 2021 is raised, where the Plenary of the Constitutional Court, avoca knowledge of the case No. 291-20- JH, writ of habeas corpus, which will be taken as part of the analytical study to be carried out from a legal and doctrinal approach to determine possible violations of the right to liberty, legal certainty and due process. In the development of this research work, materials and methods were used, which were mentioned within the project of the curricular integration work, indicating in this the elaboration of interviews and surveys to legal professionals who provided useful and relevant information for the development of this work and reach the conclusion of the need to present a legal proposal as a result of the analysis and interpretation of the sentence where the personal urgency that was questioned by the plaintiff is issued, forcing 5 her to present the habeas corpus action: On February 3, 2020, the Judicial Unit for Family, Women, Children and Adolescents based in the Latacunga canton accepted the habeas corpus action, in the main, it considered that the deprivation of liberty of the plaintiff was based on the improper application of article 125 of the Code of Childhood and Adolescence, which violated their right to liberty, legal certainty and due process in motivation guarantee.

• Hovedforfatter: Chamba Cabrera, José Misael (author)
• Format: bachelorThesis
• Sprog: spa
• Udgivet: 2023
• Fag: <DERECHO>; <SEGURIDAD JURIDICA>; <REGIMEN DE VISITAS>; <VIOLENCIA FAMILIAR>
• Online adgang: https://dspace.unl.edu.ec/jspui/handle/123456789/26357