El principio de proporcionalidad en la regulación y aplicación de las pensiones alimenticias en el Ecuador.

Abstract

The legal investigation article here submitted examines the principle of proportionality in the regulation and allocation of food pensions in Ecuador, evaluating the counterposition between the strict application of the Minimum Food Pension Board and the effective protection the minimum vital level of the feeder. In order to be founded in Articles 44, 69, 76 and 82 of the Constitution of the Republic of Ecuador and in the rules of the Organic Code of Children and Adolescence (CONA), the study reveals that the method of calculation of eating pensions, based on basic wages and predetermined percentages, usually generating disproportionate judicial resolutions when economic capacity of the feeder is not adequately assessed against informality or additional family burdens. The jurisprudence of the Constitutional Court of Ecuador is also being investigated on the limitation of the subsidiary obligation assurances of due process in food trials. Applied methodology includes dogma and legal law, regulatory-jurisdictional qualification, and interpretation to formulate a Legislative Proposition reformable in Article 15 of Title V of Book Two of the CONA, by a criterion of proportionality in judicial resolutions, for the purpose of avoiding arbitrary decisions and balancing the superior interests of the girl or the child with the sustainability of the provider's minimum living wage.