Los efectos jurídicos de la sentencia número 12 – 17- SIN –CC respecto de los apremios personales en alimentos y la afectación al Derecho de Alimentos y el Interés Superior del Niño.

Abstract

The title of this investigation is The legal effects of the sentence number 12 - 17- SIN - CC regarding the personal constraints on food and the affectation of the right to food and the best interests of the child. This pronouncement of the Constitutional Court of Ecuador, produced important changes in the procedure for dictating the personal constraints on food, for the main obligor, basically introducing the figure of a Judicial Hearing prior to granting the constraint, and depending on this reach agreements of food payments owed, being able to have partial or total constraints. However, although the Court protected the right of the obligor, there have been negative consequences for the obligor, affecting his right to receive food, and producing a real affectation of the principle of the best interests of the child, which inspires all actions regarding children. children and adolescents. The latter is demonstrated with the research instruments that have been observation, survey and interview that are vital to demonstrate the research hypothesis, regarding the legal effects on these legal institutions.