Abstract

LASCANO DIAZ, Polo Andrés  and  GARCIA-ERAZO, Erika Cristina. Direct evidence in alimony trials. Universidad y Sociedad [online]. 2023, vol.15, n.3, pp. 772-780.  Epub June 30, 2023. ISSN 2218-3620.

The objective of this article is to analyze the principle of the best interest of the child against the practice of the test that is carried out in the processes of fixing alimony; based on what is established by the doctrine and the national and international legal system, it is sought to know if there is a violation of the rights of the feeders under a regulatory framework that allows establishing a food quota based on a sectoral table that may or may not respond to your economic reality. The research is developed from the analytical and inductive methodology as it allows to describe and understand the variables presented from a qualitative approach. The research questions that have given the guideline for the realization of this work are: What are the scope of the principle of the best interest of the child within the processes of fixing alimony? And what are the protection mechanisms of the fundamental rights of the obligors against these processes? From the analysis carried out, it has been possible to determine that the practice of direct evidence in these cases does not guarantee 100% the exercise of the rights of people based on the realities in which they find themselves.

Keywords : Alimony; Direct evidence; Best interest of the child; Dignified life.