El incumplimiento grave en la pérdida o privación de la patria potestad.

Abstract

Parental authority, derived from filiation, is configured as a set of prerogatives and duties that concern parents in relation to their non-emancipated children. Within the regulatory framework, the Childhood and Adolescence Code establishes the conditions under which judges can decree the loss or deprivation of parental authority, particularly when situations that represent a substantial danger or harm to the integral development of the minor are observed. In Ecuador, the execution of the deprivation of parental authority often remains subject to the judge's subjectivity due to the ambiguities present in the regulatory framework (CONA), as evidenced in Article 113, causal 6. This situation motivates the current analysis, as said article mentions as a cause for loss or deprivation the "serious breach of the duties imposed by Parental Authority." It is possible to observe that in the mentioned code there is no provision that specifies these duties or the nature of serious breach, which constitutes the objective of the present research. The purpose is to interpret these terms and seek an appropriate formulation so that the recipients of this norm, especially parents or interested parties, have clear provisions. Furthermore, it is sought that the judge has specific articles for the application of the measure. It is imperative to address this issue with meticulousness, since a mistaken interpretation or improper application of this legal figure could compromise the principle of the Best Interest of the Child and their Integral Development, guiding principles that ensure the child a dignified existence, with material and affective conditions conducive to their full development and well-being, aimed at preserving the rights, guarantees, and integrity of the family unit, thus contributing to the comprehensive protection of the child and their environment.