Análisis de la fijación de pensiones alimenticias para adultos mayores. Importancia de aplicar la tabla del ministerio económica y social

Abstract

This research was conducted to analyze the situation of older adults regarding their right to financial support and the importance of judges applying the table established by the Ministry of Economic and Social Inclusion, as they currently rely on sound judgment. It is necessary to emphasize that Ecuador has a constitution that guarantees human rights, and among the priority attention groups are older adults, with the existence of the Organic Law for Older Adults that determines the protection of the rights of this group. The research aimed to analyze current legislation and the due judicial practices regarding the determination of alimony for older adults. Additionally, various court decisions were analyzed to demonstrate the importance of applying the alimony table issued by the Ministry of Economic and Social Inclusion. The research was conducted with a qualitative approach and employed inductive-deductive, analytical-synthetic, and dogmatic-legal methods. The bibliographic review was the technique, and the instrument was the note-taking. This academic effort helped determine the importance of judges applying the alimony table established by the Ministry of Economic and Social Inclusion, as it prevents arbitrary decisions and inequalities in determining alimony. Developing clear and transparent parameters reduces the possibility of judicial decisions influenced by subjective factors, ensuring that all older adults receive fair and equitable treatment under the law.