La prueba dentro de los juicios de alimentos.

Abstract

The antecedents that underlie this study are understood in that in Ecuador in procedural matters of food trials the lawyers who carry out this type of process on some occasions do not have enough time and evidence to protect the right of minors to receive a fair alimony. In view of the background of this procedural problem as a general objective, the reform of article 172 of the COGEP is proposed in order to have a greater range of evidentiary resources to demonstrate the real economic capacity of the defendant and establish more adequate and fair maintenance pensions in accordance with said reality. The methodology used due to the doctrinal and normative approach consists in the development of the qualitative modality. The results of this investigation demonstrate that the development of the research proposal is legally appropriate. Among the relevant results, it is stated that the procedural reality evidences the existence of several cases in which, due to lack of greater evidence, it has not been possible to prove the real capacity of payment of the defendants. The discussion raises the need to promote the reform of article 172 of COGEP to process adequately guarding the best interests of the child. The conclusions show that in Ecuador there is no normatively recognized practice that allows incorporating and practicing greater means of proof to prove the real economic capacity of the defendant in the food trials, consequently, the COGEP reform is both viable and necessary.