Proporcionalidad de las medidas de apremio en materia de alimentos cuando no se justifica el cumplimiento de pago de pensiones.

Abstract

The research that is presented has as a background the study of the Rights and Principles of the childhood system; the right to food, nature and recognition in Ecuadorian legislation; real and personal constraints; as well as the analysis of the suitability, necessity and strict proportionality of the constraint measures in food processes. The main objective of the work is to determine a uniform criterion for the application of the enforcement measures in the matter of food when the obligor does not justifiably demonstrate his inability to comply with the payment of pensions owed protecting the rights of the recipient. The methodology used is qualitative, which has allowed the analysis of variables such as the procedural rules that contain constraints in the case of food; the analysis of the jurisprudence on its nature, and the interviews carried out with the experts in the field of childhood and adolescence, regarding issues such as the application of the enforcement measures and the protection of the rights of the parties. The results provide evidence that the judges do not have a uniform criterion at the time of applying Article 137 of the COGEP when the obligor does not justify his inability to comply with the payment, being able to apply all the enforcement measures, reaching a disproportionate sanction. It is concluded with certainty that a single measure of constraint must be applied that is proportional to satisfy the right to the recipient of the payment of the pensions owed, in relation to the circumstances of the obligor.