Interés superior del niño y la tutela judicial efectiva en relación al caso N.- 0354-12-CN de la sentencia N.- 048-13-SCN-CC de la corte constitucional del Ecuador

Abstract

The research work focuses on the analysis of sentence No. 048-13-SCN-CC of the Constitutional Court of Ecuador, highlighting the principle of the best interest of the child, the effective judicial protection, its relationship with the right to food and the table of minimum alimony. Case No. 0354-12-CN contemplates the judicial decision to set alimony at $11, 909.17 is based on an exhaustive analysis of the monthly income of the provider, which amounts to $36, 403.47, 44.57% corresponding to this level was applied according to the Minimum Alimony Table, ensuring that the amount assigned is sufficient and balanced to meet the needs of the child. The high amount of the pension has raised questions about proportionality and economic sustainability for the breadwinner. The Constitutional Court has addressed these concerns in previous rulings, suggesting that pensions should be set in a way that does not violate the economic rights of the provider or generate unsustainable disproportions in their obligations. Within the research methodology, the analytical-synthetic and ethnographic method was used with a qualitative approach, recognizing the importance of understanding the subjective meanings and the context of the phenomenon. It also adopts a descriptive scope, to detail the properties and characteristics that impact children’s rights. The analysis concludes that it is necessary to adopt a more flexible and contextualized approach in the application of regulations related to alimony by judges, thus ensuring that the fundamental rights of minors are respected in order to propose substantiated criteria to help solve this problem.