El debido proceso en la revisión del apremio personal en los juicios de alimentos.

Abstract

The objective of this investigation is to establish the causes for which in food trials the Constitutional Principle of Due Process is not complied with, enshrined in the Constitution in Art. 76, and Art. 257 of the Organic Code of Children and Adolescents, especially in coercion review hearings in which the coercion review hearing is not always called prior to issuing the corresponding measure. It is necessary that it be a single and unique procedure or that it be approved and universal, by each and everyone, of mandatory application, as indicated in Constitutional sentence No. 238-2017, and there is no freedom of a person or the discretion of the judges, hence the objective of this research work and the need for the Council of the Judiciary to indicate the guidelines or instructions of the relevant procedure to issue BOLERTS OF APPRECIATION, in the case of 1st. Time and following. This was determined by observing that the hearings for the review of enforcement in the food lawsuits, as well as interviews with lawyers specialized in the matter of Children and Adolescents, interviews with the different Judges of the North 1 Judicial Unit of Family, Women, Childhood and Adolescence of the Guayaquil canton, related to compliance with due process.- In relation to article 137 of the General Code of Procedures, which indicates that personal pressure is considered necessary and as the option for those feeders who do not care about their children and do not wish to comply with the payment of alimony, also considering that the direct personal pressure violates due process since the circumstances of the obligor are not known for not meeting their obligation, which may vary from one time to another and can generalize that the feeder does not attend because he does not mind feeding his child.- Relevant aspects of the investigation ion establishes the need to issue an instruction so that the judges can issue a measure of constraint against the principal obligated parties.- Finally, this research work, whose main topic is the hearing for the review of constraint measures, in which it is addressed As in the current procedure, it is violating due process at the time of issuing the request without calling a hearing, under the pretext that it was already called the first time and did not attend it.-