Inobservance of effective judicial protection for the obligor in the reduction of alimony (Original).

Abstract

The present research work seeks to analyze the possible transgression to the principle of equality regarding the treatment of the incidents of increase and reduction of alimony, based on the problem of the non-observance of the right to the Effective Judicial Guardianship established in article 75 of the Constitution of the Republic. Therefore, it is necessary to examine the regulation established in article 8 of the Reformatory Law to Title V, Book II of the Organic Code of Childhood and Adolescence, since it affects the enjoyment and full exercise of the rights of the provider, since it establishes that the provider must provide the alimony with the respective reduction from its resolution and not from the presentation of the incident. In this sense, it was established that the objective of this study was to elaborate a legal analysis that allowed to base the need to establish a proposal that makes reference to the value to be paid for alimony, as a result of an incident of reduction, so that it is complied with from the presentation of the same, thus allowing to guarantee the effective judicial protection of the rights of the provider. The research methodology to be used was based on the legal exegetical method because an analysis was made of the different laws that deal with the rights of the feeder, fed, together with interviews to specialists in the area in order to obtain a perception of the professionals on the analysed topic.