Derecho

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    Pago del Décimo Cuarto Sueldo en pensiones alimenticias y el principio de proporcionalidad
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, 2017) Saravia Vásconez, Ana Maricela; Tipantasig Cando, Jaime Tarquino
    ABSTRACT In Ecuador the economic crisis is evident affecting the middle and lower classes, unemployment is definitely present, which is an obvious factor that causes the delay or failure to pay food, these obligations are subject to trials And in most cases to the deprivation of their liberty, in this way this investigation addresses some consequences of the "payment of food as it has to do with the payment of the Fourteenth Salary that are applied in alimony and the principle of proportionality," Mention is made of the table that is applied for the fixing of maintenance payments and the nonconformity with the values obtained by it. So also how the principle of proportionality is affected, when designating a value to a single fed, being violated the test of proportion to assess the constitutionality of a restrictive measure of rights. The question that is of interest then is how and with what requirements rights can be limited. In fact, the principle of proportionality is now perhaps the best known and most recurrent limit on the limits of fundamental rights, and to that extent it is a barrier to undue intrusion into the realm of rights. It is intended to start the path that can answer the question what can we do in this context? It is proposed the creation of a bill to reform the innumerated article 16 numeral 2 of the reformatory law to title V, book II of the Organic Code of Childhood and Adolescence, which will fill the legal gaps and distribute payment equally Of the Fourteenth Salary.