Eliminación del apremio personal por deuda de pensión alimenticia.

Abstract

In the history of Ecuador, the measures of constraint established with the purpose of enforcing the enjoyment of the rights of children and adolescents through the payment of alimony, have maintained the same structure and form of collection over time, despite the various jurisprudential criteria issued by the Constitutional Magistrates. That is, deprivation of liberty in the case of non-payment of one or more alimony payments. Taking this into account, since fundamental rights are at stake, it is imperative to carry out a constitutionality examination of this form of collection, which constitutes anything but that, the collection of the obligation. The doctrine and constitutional jurisprudence sustain the ineffectiveness of the personal constraint as a personal precautionary measure to satisfy the alimony and, additionally, the impairment of the rights of the beneficiary over whom the personal constraint weighs. It is necessary to study and apply the Constitution of the Republic in its integrity to protect the block of constitutionality and the legal order of our country; therefore, the constitutional and infra-constitutional norms that are not fair or useful at the moment of being applied, must necessarily be expelled from the legal order.