La impugnación del reconocimiento voluntario de Paternidad y la Tutela Judicial Efectiva de los derechos del menor.

Abstract

The challenge of the voluntary acknowledgment of paternity, determined in article 250 of the Civil Code, which establishes who can challenge such acknowledgment, and the possibility that the child can exercise this action, without establishing in detail that he/she can be represented or not by the mother, in this type of lawsuits, being a minor, which affects the Effective Judicial Guardianship of the rights of the minor. By means of the elaboration of this work, it is intended to evidence the interpretation and application made within the Ecuadorian legal system by the operators of justice, and about the existence of some type of violated right, in case of an incorrect interpretation and application. Through the analysis of the sentence dictated within a judicial process, it will be demonstrated the resulting violation of said normative text with reference to the investigated subject, regarding the interpretation and application of this legal figure within the administration of justice in the country, and the incidence within a Constitutional State of Rights and Justice, which means that the Ecuadorian State has the guaranteeing role, where the Effective Judicial Protection of the rights within and outside the administration of justice is vital. By conducting a critical-legal analysis that justifies the need to make legal changes, and thus allow the effective protection of all the rights of minors, established in the Constitution approved in Montecristi.