Las medidas de apremio personal en materia de niñez y adolescencia, en las normas procesales y a la luz de la setencia Nº 12 - 17 de la Corte Constitucional.

Abstract

In terms of childhood and adolescence there are a number of principles and rights that are specific to this area of law, so refer to the best interests of the child as the principle that inspires all acting in that area, or refer to the integral development as a right that It allows complementing the complex network of institutions and concepts that are incorporated in relation to childhood and adolescence. As it is to understand these concepts are not handled in isolation, but to make analysis in these topics it is necessary to relate the rights that are recognized for children and adolescents with the principles that inspire the activity, and some provisions or regulations are understandable. that they might not be in other areas of law. A transcendental institution in this issue is food, as these not only meet the basic physical needs of those who need them, but also allow them to achieve the integral development that is necessary for their capabilities and potential to reach their fullness, his life; Hence, the regulations that have regulated this matter have always been rigid in their application. The mechanisms to make food effective, have been present throughout the evolution of this matter, the provision that in Ecuador there is no prison for debts, except in the case of food, does not look at an obligation of an economic nature, it would be meaningless for such a "high" standard to allow this type of situation; it is based on the best interests of the child and the right to integral development. Ecuador from the 2008 Constitution, where rights prevail in their application, over a margin of legality, as the system was conceived before the current supreme norm, there is a serious questioning about the real possibility of limiting the personal freedom of the people due to the obligation of food, being questioned the figure of personal constraint, the way to make them effective. Some collectives and interested groups filed demands for unconstitutionality of the rules that procedurally regulate the constraints in childhood and adolescence, obtaining a ruling from the Constitutional Court, in which its effects are modulated. The purpose of this research is to analyze the related institutions related to this topic, in order to arrive at conclusions, with a legal basis, regarding whether the decision of the highest constitutional administration body of justice maintains the elements that allowed the postulates of the best interests of the child and the right to integral development are made effective, or if they are resolved, they are seriously affected.