El encarcelamiento por alimentos vulnera el principio del interés superior del menor.

Abstract

This paper focuses on developing the existing problems in reference to the situation of personal urgency that is granted to parents who do not comply with the obligation to pay child support and how this situation may affect the principle of the best interest of the child through the failure to visit. It also seeks to raise the various reasons why the father may have fallen behind and how these situations should be analyzed so as not to affect the environment of the child. Finally, a proposal is made which establishes alternative measures for the payment of arrears, as well as a visitation regime despite the fact that the personal constraint is established, so as not to affect the child's development. The development of the problem will be established from the doctrinal, theoretical and normative analysis on the personal constraint for payment of unfulfilled alimony and the analysis of the principle of the best interest of the minor. Determining the existence of the violation, seeking to put forward a proposal that avoids this affectation to the minor but at the same time has the necessary rigidity for the father to comply with his obligations.