Análisis jurídico de los obligados principales y obligados subsidiarios en materia de alimentos.

Abstract

Human rights are inherent in all human beings, the same ones that are contemplated in the law and guaranteed by it. They are also irrevocable, that is, they can not be abolished for any reason. Within human rights, we find the right to food, being one of the most important for the subsistence of a person, for this reason the State guarantees the fulfillment of this right in an effective way, especially for children and adolescents. The origin of the right to food was born in the Roman Law, where this right had its effects only when there was legal action. Over the years in our country, the right to food for children and adolescents has evolved and the change is notorious as there is a new judicial system, processes are carried out in a more effective manner, new doctrines stand out with the purpose of carrying out the fulfillment of this obligation. Within this framework it is also necessary to highlight the evolution of what was the Minors Code (1938) where the body to administer justice in favor of children and adolescents was the Courts and Courts for Minors, in 2003 it was implemented the Code of Childhood and Adolescence, with the aim of prioritizing the interest in minors, equality and non-discrimination, and in turn the Juvenile Courts become Juzgados de la Niñez y Adolescencia and nowadays Judicial Units Family, Woman, Childhood and Adolescence In contemporary law, food is a defined obligation that in one way or another is maintained until the present. The present work of research and legal analysis refers to the framework of the right to food in girls, boys and adolescents and specifically to the principal and subsidiary obligors of the food provision established in the Organic Code of Children and Adolescents; also framing the guarantee granted by the State to minors in relation to food. At the same time I mention in this work the procedure that is carried out at the moment of beginning with the food trial, from the presentation of the demand until the sentence dictated by the judge.