Análisis de la reincidencia del apremio personal por pensiones alimenticias frente a la Facultad Discrecional de los Jueces de la Unidad Judicial de Familia de Santo Domingo.

Abstract

This Investigative Work was born by the need to analyze the discretionary power that the Family Judges of Santo Domingo have when interpreting the legal term of recidivism in matters of Personal Coercion for Food, this because although it is true, recidivism is regulated within Article 137 of the General Organic Code of Processes, there are judges who, making use of their discretion, take for example a prerequisite for it to operate; in this context it is clear that there is a dichotomy on the same regulated subject, so the main objective of this research becomes to determine whether this event affects the legal security of the different users of the system of administration of justice. Practical cases will be presented of which this lack of uniformity of criteria is evident despite being subject to the same rule and with similar facts, these processes will be obtained within the jurisdiction of Santo Domingo and substantiated by various judges of the Family, Women, Children and Adolescents Unit of Santo Domingo and whose results will be known if this division of criteria entails uncertainty in the procedural subjects.