Effective Judicial Protection Within The Framework Of Foof Law In Ecuador

Abstract

The right to receive food stems from parental obligation and seeks the adequate protection of boys and girls for their integral development. However, the lack of a differential regulation regarding the payment of the fourteenth remuneration violates the right to effective protection of the obligors. In addition to this, violated rights such as equality, non-discrimination, proportionality, legal certainty, dignified life, among others, are identified, since forced compliance leads to the application of measures and even the personal coercion of the obligated. The general objective is to analyze compliance with the right to support linked to the responsibility of the obligors and the values included in the alimony, under direct protection of effective judicial protection. Research through a qualitative approach with the application of scientific methods such as analytical and synthetic, resorting to a bibliographic and documentary analysis. As a result, it has been established that the current norm contemplates structural gaps that prevent the payment of maintenance of the fourteenth in food law from being exercised proportionally. The text highlights important conclusive points that will serve as an academic precedent for future research.