Análisis de las medidas de apremio personal frente al cumplimiento de pensiones alimenticias en Azogues durante el año 2023

Abstract

This research critically analyzes the coercive measure of detention used to enforce child support payments in Azogues, considering that this coercive measure seeks to guarantee the timely payment of child support obligations by obligators. The research examines its legal foundations, its proportionality, and its relationship with the principle of the best interests of the child through a qualitative approach with a descriptive and analytical design, supported by doctrinal, legal, and jurisprudential analysis, and complemented by interviews with judges and family law attorneys in the canton. The results show that, although personal coercion is a legitimate and necessary mechanism, it has limitations that reduce its practical effectiveness due to shortcomings in judicial procedures. Therefore, the proposal is to balance its application with the child’s well-being by strengthening public policies that promote parental co- responsibility and ensure comprehensive protection. Keywords: right to food, civil law, child support, coercive detention, best interests of the child