La ponderación de derechos en la obligación subsidiaria a través de la conciliación de alimentos

Abstract

This article analyzes the legal conflict between the right of children and adolescents to receive child support and the right of older adults to live with dignity when subsidiary support obligations are applied in child support proceedings. The research adopts a qualitative and descriptive approach, using analytical-descriptive and documentary methods, as well as semi-structured interviews with judicial operators, lawyers, older adults, and legal representatives of minors. The findings show that, in judicial practice, the automatic application of subsidiary support obligations, without a prior and adequate assessment of the older adult’s situation, may lead to violations of fundamental rights such as human dignity and the enhanced protection of older persons, as well as potential impacts on children’s rights. Based on Robert Alexy’s theory of the balancing of rights, the study concludes that conciliation constitutes an effective and restorative mechanism to reconcile conflicting rights, ensuring the child’s right to support without imposing disproportionate burdens on older adults. Finally, the article highlights the need to strengthen conciliation as a key tool to prevent rights violations and promote fair, humane, and proportionate decisions.