The best interest of the child and the right to food, as seen from Judgment 12-2017-SIN-CC (Original)

Abstract

This scientific article states as general objective: to evaluate the incidence of the jurisprudential line drawn by the Constitutional Court of Ecuador through its Judgment 12-2017-SIN-CC, regarding the special protection in favor of the food giver, by allowing him to justify the failure to timely pay child support in favor of his children or to make payment commitments, in the slopes of the principle of the best interest of the child. To achieve this, a qualitative research approach is chosen, and scientific methods such as the historical-logical, the analytical-synthetic, the exegetical and the inductive are applied; which allow concluding that such sentence, when making this weighing, denotes certain prevalence of the right to freedom of the provider, before the principle of the best interest of the child or adolescent, by allowing him to justify the reasons that led him to the failure to timely pay the alimony payments. It is also true that the compulsion, in addition to limiting the freedom of transit of the obligor parent, makes it even more difficult to comply with this obligation, therefore, it is necessary to promote income in favor of the obligor, agreeing with the judge, the payment of installments, prior to having converted these pensions into loans in favor of the obligor parent.