La violación de derechos en la retención indebida cuando la tenencia es compartida.

Abstract

In Ecuador, there is an inequiality of roghts for parents or third parties who are in charge of parental autority, custody or guardianship when it comes tothe improper retention of minors, to which legal professionals at the time of litigation, atrack the best interests of the minor, which in our society is already a problem,requesting that the competent authority, due to the principle of procedural speed and the best and the best interests of the minor, UNIPEN intervene and inmediately rescue the minor. It should be emphasized that it is true and necessary that the issues of childhood and adolescence be addressed with great urgency, however, the legal vacuum left by our constitutionand the organic code of childhood and adolescence on this issue is scarce. However, this procedure and method used by legal professionals is not the right path, since in our constitution we also have due process, which must be respected in all judicial processes, especially in those issues where several rights are at risk. That is why we seek the correct application of the law and above all that the constitutionalrights that have been granted to us since 2008 be respected, giving men, women and third partiesin charge of parental authority, guardianship or possession, the same rights to moment of the use of the procedural and probative means, so as not to violate any main or fundamental right.