Responsabilidad del pago de pensiones alimenticias bajo la recesión por la pandemia de COVID-19 en el Ecuador

Abstract

The Constitution of Ecuador establishes a personal constraint order for those responsible who do not pay food allowance, in a timely manner, being a great inconvenience for those who do not have a permanent job or a profession, to which is added the economic recession suffered by the country due to the COVID-19 pan-demic that increases the difficulties for this payment; This research seeks a strategy to prevent the violation of the rights of minors due to non-compliance in the payment of said alimony. The research is qualitative, with a theoretical approach that involves the analysis of norms, doctrine and jurisprudence pertaining to fami-ly law, the duties and obligations of fathers and mothers and the rights of minors. It was found that the Consti-tutional Court establishes the obligation to convene a hearing to resolve on the measures of personal con-straint according to the circumstances of the obligated party and its justification, so that the judge can dictate the partial or total personal constraint. In addition, it is determined that the conciliation or conciliation agree-ments in matters of maintenance is appropriate for cases when the obligor has some type of disability or cata-strophic illness that prevents him from carrying out any work activity; However, in general, conciliation agreements with unemployed or unemployed people, what they achieve is to delay even more the fulfillment of the payment of the pensions that goes to the detriment of the right of care and protection of the minor.