Vulneración de los derechos del alimentado ante la caducidad del apremio personal.

Abstract

The object of research of this scientific article is to propose a reform to numeral 3 of Art. 139 of the General Organic Code of Processes (COGEP) concerning the court orders issued in the Hearing of Review of Personal Injunction to extend its validity beyond the 30 days regulated in the norm and that its validity is maintained until the personal injunction is made effective. At present, the courts' congestion causes the process to be delayed, which leads to the rights of the minor being violated by the non-payment of child support by the provider. The problem lies in the lack of speed and procedural economy during the process, since, when the court order expires, COGEP itself refers us to carry out the process again, resulting in the process being delayed. The child's right is affected, being this a fundamental right and superior to any other right, so that the State must safeguard the child's best interests preventing it from being affected. Therefore, this investigation is based on proposing a reform to the injunction's validity and its renewal through a new hearing in case of recidivism.