Insuficiencia de las facultades del curador ad-litem como garante de los derechos de los menores en el código civil ecuatoriano

Abstract

This paper focuses on the legal figure of the curator ad litem, aiming to determine whether Ecuadorian legislation currently plays an effective role in guaranteeing the rights of children and adolescents, considering that the regulatory framework limits itself to outlining only its ultimate purpose and does not even address their powers, duties, or limitations —an omission that may lead to inefficiency in the performance of the role. Therefore, the hypothesis emerges that the curator for lawsuits functions merely as a formality, detached from the main criterion of a guarantor of rights. In light of this, the analysis focuses on examining theories that restrict constitutional rights, as well as the principle of the best interests of the child in divorce proceedings. To this end, the study draws on attorneys’ experiences gathered from their practical work in judicial proceedings and compares it with legislation that reflects significant advances in the application of this legal concept. Suppose it is determined that the failure to clarify the curator’s powers is the root cause of having a merely nominal curator, the study will compile best practices adopted in other legal systems that are susceptible to application in Ecuador, not only to identify legal problems but also to provide criteria for resolving them.