Análisis del marco jurídico para la protección de los derechos de los niños ante el incumplimiento de las pensiones alimenticias.

Abstract

The present work is titled analysis of the Legal framework for the protection of the rights of children in the event of non-compliance with alimony, which will have the general objective of analyzing the norm that protects the protection of the rights of alimony and its compliance, this It will be carried out through a normative, doctrinal and jurisprudential study, with the purpose of establishing whether the current legal system is insufficient to protect this right. The problem concerns the regulations of the Code of Children and Adolescents as well as the General Organic Code of Processes, and its possible lack of regulations regarding the causes for persuasion of compliance with this faculty and its sanctions for alimony, since These legislations only establish as coercive measures the restriction and prohibition of leaving the country, from which it is analyzed that there are no other means that can induce the obligation of the parent to make the payment, leaving the possibilities of guaranteeing the right of minors significantly reduced. to food. Within the research, the method was handled at a theoretical level for the analysis of different doctrines; Comparative methodology focused on contrasting legal norms, jurisprudential rulings or case studies, and a qualitative approach was used to understand the factual facts established in the regulations. Finally, in conclusion, this research addresses challenges, such as the recognition by the state and legislators regarding the lack of resources for a correct and effective enjoyment of the legal norm, therefore viable strategies are proposed to strengthen the complete enjoyment and guarantees. legal rights of children and adolescents.