Control constitucional en demandas de alimentos caso 012-17-SIN-CC
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Date
2018
Journal Title
Journal ISSN
Volume Title
Publisher
Corporación Universitaria Lasallista, Editorial Lasallista
Abstract
Introduction. In 2008, the constitution
that would open the way to constitutional
supremacy and the strictness of the laws was issued, as a superior entity
of respect and integrity in judicial
actions. Considering thereafter the
obligation of judges and other public
servants, apply the regulations present
in the constitution, which is the highest
constitutional control body, as a state
agency. Objective. The objective of
this research study was to characterize
the impact of the Constitutional Control
that was made effective in Sentence
012-17-SIN-CC of the Constitutional
Court of Ecuador regarding procedural
elements regarding food in the City of
Guayaquil. Materials and methods. A
descriptive field research was designed,
in addition to the inductive-deductive
method to use the survey technique
through a structured interview with
closed questions addressed to those
people with constraints who are in the
Provisional Detention Center. Guayas
in Guayaquil, with nine items that could
serve as input to generate a theoretical
and empirical analysis of the application
of concrete constitutional control in the
COGEP and the Childhood Code, in
their innumerable corresponding to the
personal constraint in the subsidiary
and principal obligors, as well as the
procedural aspects that had to be
modified according to the decision of
the highest constitutional entity in the
country. Results Through this, it was
determined that there are aspects that
are not being met, as in the case of
the hearing prior to the issuance of the
personal constraint, which obliges the
judge not to issue unilateral enforcement
tickets, violating the due process, the
modification of the issuance of personal
constraint against subsidariaries, since
it is evident that there are cases in which some subsidiary obligors were
apprehended using extemporaneous
ballots, and other system-specific
problems that must be taken into account
for the future.
Description
Keywords
Corporación Universitaria Lasallista, Constitución Política, Niños - Legislación, Niños - Legislación, Corte Constitucional, Legislación - Ecuador
Citation
Revista Lasallista de Investigación Vol. 15 No 2 2018