La prueba de ADN como requisito procesal indispensable para hacer efectivo el cumplimiento de pensiones alimenticias en la provincia de Santa Elena.

Abstract

Food trials have legal and social effects in most cases. The purpose of this investigative work is to establish the ideal process for the application of the DNA test and thus ensure that the right of children and adolescents are not violated. It is also necessary to state that in Art. 10 (135) literal (a) of the Code of the Childhood and Adolescence it is evidenced the absence of regulations that systematize legal actions when the a) do not want to perform the DNA test. This determines a complicated process because in most cases it takes between 3 and 6 months to dictate a resolution, this causes an absolute disrespect to the principles established in the Constitution, where the rights of children are prioritized. This study is a theoretical problem because the principles discussed in the article mentioned above are analyzed. Quantitative method was used because the cases raised in the Province of Santa are projected in circular diagrams, it is also qualitative because it emphasizes the restructuring of these legal regulations. In order to respect this right in this investigation, alternatives are proposed that contemplate the non-appearance of demand or demand in case you want to be exempted from the DNA test for the finding of paternity and thus enforce compliance with Child support.