Vacíos legales y constitucionales en la aplicación de apremio por pensión de alimentos.

Abstract

The background of the present investigation is found in the General Organic Code of COGEP Processes, specifically within article 137, in which the cases are determined by which the alimony defendant failed to comply with the order and term of the payment of pensions, but the judges extend to all feeder and not only to the exceptions of the law. Therefore, the objective of this is to establish and define theoretically and legally the violation of the rights of children and adolescents in the enforcement process (alimony) for non-payment, which guarantee legal security and the superior principle to any other right, including that of the alimentary parents. The applied methodology is qualitative, including theoretical-bibliographical, historical-logical, inductive-deductive, analyticalsynthetic methods, among others. The results show the legal problem of non-compliance with the superior right of the child when accepting financing of the payment of the liquidation for alimony owed to those who are not within the cases legally enumerated by the respective body of law; affecting the protection guarantees for children and adolescents as a fundamental principle and superior to the rights of others, in this case the obligor. Consequently, a reform and clarification of the aforementioned article is necessary, so as not to violate the superior right of the child and all those that derive from international and constitutional treaties, protecting their right to life, food, clothing, education, etc., which supports the alimony.