El trámite para la rebaja de pensión alimenticia y el principio de celeridad procesal

Abstract

This research seeks to alimony‟s reduction is required since the submission of the respective incident, thus ensuring the effective implementation of the procedural celerity principle, when executing the order issued by the judge. The process of alimony‟s reduction is a post-fixing alimony incident, as the scaffolding of life, over time, may vary at the expense of the obligor circumstances and facts that formed the basis for the decision establishing the provision of food. Which is necessary to have a process that encompasses the effective implementation of all constitutional principles, to ensure a decent life for both the person responsible for food provision, as the beneficiary of it. While it is true, the Constitución de la República del Ecuador guarantees the full exercise of the rights to access to justice and effective protection, subject to the procedural celerity principle, this has not been observed and regulated in its entirety within the Ley Reformatoria al Código de la Niñez y Adolescencia, as is the case of incident alimony‟s reduction. For these reasons, this research aims to find an alternative solution to the problem, because, despite being established to alimony‟s reduction in legal regulations, the implementation of the resolution issued by the competent judge is not effective, and that does not comply with the provisions of the Constitution, both in the processing and resolution of the case and especially in the implementation of the decision, not being quick and timely decision contravenes the procedural celerity principle, besides that, without the right execution in due time, also attentive to other principles of equal rank.