Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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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 Sebastián
;
Poaquiza Poaquiza, Angel Patricio
The 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.
El derecho de alimentos en condiciones de doble vulnerabilidad en el sistema de fijación de pensiones alimenticias
(Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado: Maestria en Derecho Constitucional, 2023-03)
Heredia Larrea, Ana Cecilia
;
Frías Raza, Sergio Edmundo
El abandono del adulto mayor y el derecho de alimentos congruos en la Parroquia Juan Montalvo Cantón Latacunga
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-09)
Bedoya Vargas, Evelyn Paola
;
Tipantasig Cando, Jaime Tarquino
The present investigation has like subject: "The abandonment of the Greater Adult and the right of congruos foods in the parish Juan Montalvo of Cantón Latacunga", the same that is the point of departure of the present work. The abandonment is the helplessness of those people who, for some reason, are forced to protect. It is evident that in our society there is a high percentage of older adults who are in a situation of abandonment, since when they are considered as a burden by their relatives they are abandoned, some are in asylums while others in the streets asking for alms and exposed to many types of abuse and dangers including death. This leads to the violation of their fundamental rights established in the Constitution of the Republic of Ecuador. Because of the foregoing, this work was carried out with the purpose of publicizing the obligation that exists to give the respective alimony pension to the elderly, since due to their age they are unable to work and this makes them economically dependent on their families. The doctrine states that the food law requires that everyone enjoy everything for their subsistence, this means, an adequate standard of living in food, nutrition, health, education, clothing, and housing. With the right to an adequate standard of living older adults will be able to enjoy and live with dignity the last stage of their life, guaranteeing their physical integrity through their rights. The right to food congruos are those that enable the fed to subsist modestly in a manner corresponding to their social position, this provision of food is intended to provide a better quality of life to the abandoned older adult. It is a constitutional right to guarantee a dignified life for the elderly.
La prelación de créditos y la pensión alimenticia
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-06)
Mosquera Flores, Christian Gabriel
;
Vayas Castro, Santiago
The present investigation intends that in the priority of credits the first alimony is taken into account, since according to what is presently established in the Civil Code, it is in the sixth place, so that it is not being Food right over minors. It is called priority of credits, to the order of payment that is established between several creditors that have a same debtor, at present in our legal system is regulated such order, however there is a certain contradiction with those established in the Organic Code of The Childhood and Adolescence, since it is this norm mentions that the best interest of the child must weigh on any right, which contradicts the Civil Code when finding the right foods in a non preferential place. In the new General Organic Code of Processes establishes only the mechanisms to carry out the competition of creditors, but does not make any reference to the payment order of the creditors. Reason why when there is some confusion in the current standard the researcher has seen the need to carry out the present investigation and give a solution to the problem raised, through the reform of the Civil Code in relation to the priority of credits, is The alimony is the first place in the order of payment of credits owed.
El Derecho de alimentos en las personas con enfermedades catastróficas y los derechos garantizados en la constitución
(Universidad Técnica de Ambato, Carrera de Derecho, 2017-02)
Dávila Merino, Ruth Noemi
;
Espin Sandoval, Luis Fernando
The main objective of this research is to analyze the importance of food law in people with catastrophic diseases and the rights guaranteed in the Constitution, based on the premise that the right to food has a projection to guarantee the welfare of those who You need it. This right is granted by the law adhering a faculty which grants one person to sue of another, which has the means to be able to provide them, everything that needs to subsist in a way corresponding to their social position or status of life, which should cover at least sustenance, room, dress, health, mobilization, basic and secondary education, learning of a profession or trade, since it enables learning for a future life.
Las actas transaccionales y el derecho de alimentos de las niñas, niños y adolescentes
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-11)
Balverde Yancha, Mary Jacqueline
;
Mayorga Naranjo, Eduardo
In our legislation the right to food of children and adolescents is a right enshrined from the most important legal body such as the Constitution of the Republic of Ecuador, being a fundamental right to the full development of the capacities and potential of the beneficiaries, creating the same as an aid integrates and necessary for subsistence and a decent life. The effectiveness of the implementation of this law is based on financial support provided by parents or people who share a parent-subsidiary relationship with the beneficiary of this right. This right includes not only an economic category, is itself an aid indispensable subsistence to cover health needs, food, education, clothing, which are considered essential for living, rights representing the aid go beyond a simple economic payment therefore it is necessary to consider how important it is that the legislative mechanism that provides payment based on the most effective way. In our country, there is a payment mechanism for pensions right food, which must be the first five days of each month, but not to take a prompt payment law is the need to cast a ballot distraint against the person is debiting these pensions, being deprived of liberty must cancel these pensions you owe but in many cases can make the signing of a contract record, where it informs the total payment of pensions. In most cases these payments are quite significant amounts and no deposit is made in the account assigned there is only one record where the cancellation of the amount due is specified, giving way to a habit of irresponsibility and instability arises in payments monthly and must take into account that legislation should forewarn at all costs that payments are timely, given that does not represent any money right but this implies a dignified life.
La migración del alimentante, y el derecho de alimentos
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales , Carrera de Derecho, 2016-10)
Escobar Borja, Ana Paola
;
Tipantasig Cando, Jaime Tarquino
This research has as its theme "Migration of the obligor, AND THE RIGHT TO FOOD" it is of great importance and interest by the State so that children and adolescents precautelen effective fulfillment of the right to food itself which are subjects covered according to the established and guaranteed by the Constitution of the Republic of Ecuador Section Five, in international instruments, international treaties Unicef and the Code for Children and Adolescents. The right to food is applied to meet all the needs of a child or adolescent and thus can develop their lives in a peaceful and normal. The current Constitution of the Republic of Ecuador has within its precepts clearly both the right girls, children and adolescents are entitled to their full development, conceptualized this term in regard to growth, maturation and full development of the intellect, skills, with the sole purpose to realize their aspirations, within the family, school, social environment. The children and adolescents enjoy the common rights of human beings, besides own age as well as the right to physical and psychological integrity; his identity, holistic health and nutrition; education and culture, sport, social security; here we can identify additional requirements covering the right to food and its vital importance. t is undeniable that in our country in the last two decades the indiscriminate increase was witnessed in migration rates of young people fathers and mothers, who left the country with the common ideal, to find better days for their families but not all cases tell the same story, since in the new country or a new life emigrant practically a new family begins. Thus it was born a new problem that children and adolescents were left to care and under the protection of grandparents and uncles brothers. Situation that caused adverse effects such as dropout rates, teen pregnancies, drug addiction, alcoholism and a number of social problems. You focus on the common denominator for this series of above-mentioned problems occur is that the main cause is that the children and adolescents to be without their parents no longer perceived economic environment any that allows meet their needs for food, housing, education, clothing, transportation, and health, crucial reason that does not allow him to be a productive person to society. Here it was totally violated the right food. The Code of Children and current Adolescence us clearly outlined in Title I the Right to Food Art unnumbered 5 Obligated to the provision of food where the term absence of parents mentioned the responsibility of the maintenance obligation will be transferred to the subsidiary obligation, it is important to study and analyze this article because by this and the implementation of the proposal of this research, strict compliance with the right food is guaranteed, asking every citizen who has minor children, and have desires leaving the country must first secure a alimony for their offspring, this mechanism will prevent migration appears as a method of escape compliance with maintenance obligation and avoid sue subsidiary called bound who many times do not meet this demand because not their job properly

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