Abstract

ROSERO MORAN, Cristina Mercedes; ALVAREZ TAPIA, Milena Elizabeth  and  DAVILA CASTILLO, Marcelo Raúl. Real injunctive relief to protect the right to child support. Universidad y Sociedad [online]. 2022, vol.14, n.6, pp. 290-298.  Epub Dec 30, 2022. ISSN 2218-3620.

The present investigation was directed to the real precautionary measures as a legal institution in matters of alimony, by antonomasia they are of transcendental importance in the materialization of the right of alimony, tending to guarantee the collection of future benefits that by any contingency could be undermined, without any requirement of applicability and in connotation to the current constitutionalism that Ecuador lives; argument on which it was possible to scientifically unveil the foundations of adequacy to the constitutionalization, legal effectiveness and legal parameters of the real precautionary measures to protect the right of maintenance; using the modality of mixed research -quantitative and qualitative-, transversal design, legal dogmatic, documentary and theoretical type, exploratory and descriptive scopes, and analytical-synthetic and inductive-deductive theoretical methods; sphere that categorically asserted that Art. 26 of the Reformatory Law to Title V, Book II of the Organic Code of Childhood and Adolescence -LRCONA-, as a precept that regulates in matters of alimony the real precautionary measures, complies with the platforms of the present study, and orients a preeminent effectiveness of the principle of the best interest of the child in the light of the operating constitutionalization.

Keywords : maintenance law; constitutionalization; legal effectiveness.

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