Material abandonment in support trial versus the right to the defense of the alien

Authors

  • Luis Gabriel Ríos Bastida Lawyer by the Universidad Técnica de Ambato, in the free professional practice and master in the Universidad Tecnológica Indoamérica of the Master in Procedural Law and Oral Litigation. Ecuador https://orcid.org/0009-0007-5998-7013 (unauthenticated)
  • Ricardo Hernán Salazar Orozco Master in Constitutional Law from Universidad Regional Autónoma de los Andes. Undergraduate research professor and director of graduate degree projects at Universidad Tecnológica Indoamérica. Lawyer of the Courts and Tribunals of the Republic by the Technical University of Ambato. Ecuador https://orcid.org/0000-0003-0991-4063 (unauthenticated)

Keywords:

abandonment, right to defense, best interests of the child, child support lawsuit, subpoena

Abstract

The purpose of this article is to analyze material abandonment in the process of setting alimony in Ecuador. The approach used is qualitative, with an inductive logic to collect information through documentary analysis of various bibliographic sources, in order to determine the legal foundations, as well as the constitutional rights of the provider and the fed, in relation to the right to defense of both parties and the preponderance of the best interests of children and adolescents. The research allowed determining that there is an interpretative imbalance of a procedural nature, due to the fact that, although the Constitution of the Republic of Ecuador establishes that all Ecuadorians are equal before the law, there are different appreciations and the vulnerability to which children and adolescents are exposed is taken into account.

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Published

2024-04-15

Issue

Section

Review articles

How to Cite

Material abandonment in support trial versus the right to the defense of the alien. (2024). Opuntia Brava, 16(2), 21-41. https://opuntiabrava.ult.edu.cu/index.php/opuntiabrava/article/view/2119

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