Jurisprudencia y Ciencias Sociales
URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892
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Item type:Ítem, Derechos civiles del alimentante y su aplicación ante la mora(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-27) ;Gamboa Montero, Nikolay SebastiánPoaquiza Poaquiza, Angel PatricioThe right to food is a matter of crucial importance in Ecuador's legal system, especially for the protection of minors. This right is based on the responsibility of those obligated to provide support, who must ensure the sustenance and well-being of their dependents. However, failure to comply with child support payments can lead to imprisonment as a punitive measure according Although parents are obligated to safeguard the physical, psychological, and economic well-being of the minors in their care, it is common for them not to comply. The objective of this study is to demonstrate how the right to food for minors is guaranteed through the imprisonment of the supporter for non-payment, by analyzing the number of child support cases filed from January 2022 to December 2023 in the Multicompetent Judicial Unit of Baños de Agua Santa and how many of them progressed from the child support claim to the imprisonment of the supporter. The methodology to be used in the research will be observational, descriptive, and retrospective (Haro et al, 2024), through access to the 2022-2023 judicial unit database, with a line of research in Public Policy, Law, and Society. The research aims to provide percentage data on the enforcement of imprisonment by an arrest warrant and evaluate the effectiveness of these measures in protecting minors' rights in Ecuador. (Gaspar Manaces et al, 2021) The deprivation of liberty applied for the violation of minors' food rights is a legal measure that, although intended to protect the most vulnerable, must be carefully evaluated to avoid causing further harm to both the child and the offender. Authorities must strike a balance between the effectiveness of sanctions and the fulfillment of the primary goal, which is to ensure the well-being of the child.
