Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Aldás Saca, Víctor AlfonsoSubject: search.filters.subject.SENTENCIAS

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    El interes superior del niño y el procedimiento a seguir en la sentencia N° 012-17-SIN-CC, del apremio personal en amteria de alimentos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04) Aldás Saca, Víctor Alfonso; Espin, Maria Cristina
    The present investigation is focused in a real problem, due to the procedure that the judge of the units of the family, the woman, the childhood and the adolescence, must adopt to emit a precautionary measure, as it is the order of the personal compulsion in the matter of food, procedure that is established by the Constitutional Court, through the sentence No. 012-17-SIN-CC, where it is clearly analyzed that there is a violation of fundamental rights in favor of the feeder, similarly creates a legal void, for the breach of the alimony payments owed, since it went through this act seeks to promote a payment agreement, without a guarantee of good faith of compliance with the payment, which generates a discussion on the violation of the best interest of girls and adolescents in relation to the form of payment of alimony payments owed, within the framework of our Constitution, the Children's Code and the Adolescence and the General Organic Code of Processes of our country, taking into account that the rights of those who are in a vulnerable group and of priority attention for the state are violated. It is wrong to say that it is preferable to diminish the rights of one group of society to another, even when it is equally vulnerable; when what is required is that the clear, equitable and fair rules are complied with so that all those involved in this judicial process feel satisfied and due process has been respected. The research and subsequent analysis, the research techniques and methods, the legal search define an intermediate point, and generate a proposal that serves as a reference tool for the judge when following the process established by sentence No. 012- 17-SIN -CC, with respect to the rights of the obliging, and of the fed.