Análisis de la aplicación del maltrato físico o psicológico, como causal para la privación o perdida judicial de la Patria potestad sobre los hijos no emancipados en la ciudad Cuenca

Abstract

This research was conducted based on the legal problem of the lack of application of the causal of severe or repeated physical and psychological abuse to deprive parental authority in the city of Cuenca judicially. It is generating a prevalence over time of domestic violence against children and adolescents, being this, presumably justified by causes such as lack of knowledge of the rights or by the transgenerational culture that is rooted in the past, reasons why we have not allowed us to move towards a society free of violence. Historical research was necessary to know the legal importance of parental authority within the family as the nucleus of society to justify this lack of application of the described cause. The study was conducted through the analytical-synthetic method, applying the descriptive-non-experimental method. It was possible to establish the origin and consequences of these types of abuse with information already collected. To conclude, using the exploratory-synthetic method, it was possible to identify that there is indeed a lack of application of the causal generated by a severe problem, such as the absence of education in prevention and the lack of awareness that abuse affects children and adolescents and prevents the free exercise of their constitutional rights. Thus, the lack of application of the causal factor of severe physical and psychological abuse of children contributes directly to the increase in domestic violence.