Tutela judicial efectiva en procesos e incidentes de fijación y extinción de alimentos

Abstract

This research analyzes the right to effective judicial protection in the proceedings and incidents related to the establishment and termination of child support obligations in Ecuador, focusing on its practical application within the current legal framework. A qualitative study was conducted using a descriptive explanatory approach, based on a documentary analysis of legal bodies such as the Constitution of the Republic, the Code of Childhood and Adolescence, the Organic General Code of Procedures (COGEP), and the Civil Code, complemented by semistructured interviews with judicial officers and practicing attorneys. The main findings reveal legal and interpretative gaps, a lack of consistency in judicial criteria, court congestion, and challenges in proving the alimentary beneficiary’s economic independence. Moreover, the research identifies the need to strengthen access to justice through mechanisms that ensure due process, the proper motivation of judicial rulings, and the effective enforcement of judgments. The study concludes that, despite a robust legal framework, the effective judicial protection in these cases still faces implementation challenges, particularly in balancing the rights of the provider and the beneficiary. It recommends the adoption of unified jurisprudential criteria and institutional strengthening of public legal aid services