El apremio personal en materia de alimentos congruos en el Código Orgánico General de Procesos.

Abstract

Background.- Personal pressure to the beneficiaries of congruous food is not guaranteed in the General Organic Code of Processes and this generates defenselessness in the beneficiaries because the norm exclusively regulates the failure of the father or mother towards their children, leaving aside the alimony owed to the spouse, parents, and descendants, violating due process and generating legal uncertainty because the rules are not prior and applicable to the competent authorities. Objective: Establish possible violations of due process due to non-compliance with the payment of food with groups and personal pressure as a method of guarantee for its payment. The specific objectives: 1. Analyze the breach of the exercise of rights by not regulating the constraint in case of joint food; 2. Analyze the right to legal protection and its defenselessness as the constraints in the case of joint maintenance are not regulated; 3. Determine the non-compliance with the effective guarantees of due process for non-compliance with pensions in congruous alimony. Methodology: Qualitative research design, with an exploratory, descriptive and explanatory scope, of a non-experimental transversal type. Results: In the event of non-compliance with congruous alimony, the constraint measures allow the obligor to comply with her obligations vis-à-vis the fed. Conclusions: An analysis was carried out to follow the procedure of requesting and issuing constraints in the case of congruous foods in the General Organic Code of Processes.