Inembargabilidad de las pensiones jubilares en los procesos de coactiva del Instituto Ecuatoriano de Seguridad Social.

Abstract

This research paper analyzes the legality of the retirement pension seizure procedure in coercive processes by the Ecuadorian Institute of Social Security. The respective analysis is carried out due to the existence of a contrast between what is expressed in the third paragraph of art. 371 of the Constitution of the Republic of Ecuador regarding the origin of seizures and withholdings of retirement pensions in coercive processes and the fourth paragraph of art. 17 of the Organic Law for Older Adults, which contemplates the payment of alimony pensions as the only exception for the non-attachability of retirement pensions for older adults. In order to determine if the provision of the Constitution of the Republic of Ecuador in its art. 371 violates the constitutional right to social security of retirees, we will review what other laws express references to this issue.