Análisis de la constitucionalidad del numeral 2 del artículo innumerado 16 del Código Orgánico de la Niñez y Adolescencia, referente al adicional por concepto de la decimacuarta remuneración, en los casos que la pensión fijada sea superior al salario básico unificado.

Abstract

The purpose of the present study is to question the lack of proportionality evidenced at the time of canceling the additional nutritional pensions for benefits of law, as provided in numeral 2 of article Number 16 of the Reformatory Act to Title V, Book II of the Organic Code of Children and Adolescents, published in the R.O. Of July 28, 2009, with respect to the additional that is canceled for the fourteenth salary. It seeks to determine the real scope of the aforementioned legal norm, as regards the breach of the constitutional principles of proportionality and equality, in cases where maintenance payments are set higher than the unified basic salary. For this purpose, the research design is characterized by the analysis of the concepts developed by the theoretical referents, the doctrine and the legal norms that are relevant to the object of the present investigation. A logical and sequential review will be carried out, first, on the content of the right to receive the food of children and adolescents to clarify their purpose and purpose, analyzing in depth the obligation that then generates those who must satisfy said benefit, to Then determine how they should do it and the extent of their obligations.