Vulneración del derecho del alimentante en la indexación salarial anual de las pensiones alimenticias en los juicios de alimentos.

Abstract

The infringement of the rights of the obligor within food judgments is a common problem, however, little addressed in an academic way, as payers at the time of calculating the annual automatic indexation in the Judicial Units, which is established In article 43 (147.21), Title V of the Right to Food, of the Code of Children and Adolescents, a percentage is applied as established by the Judicial Council, however, it has been found that these values at national level in many of the cases are different, or even worse are not even governed by the inflation index published by the National Institute of Statistics and Census, (INEC) in the month of December of the immediately preceding year in addition to the percentage in which the unified basic remuneration is increased of the worker in general. The analysis in particular is that by not establishing parameters for the calculation of the increases in the annual automatic indexing, it harms, or rather violates the rights of the obligor and his family, because it is necessary to state that the defendants mostly have more burdens family members who are not the beneficiaries of the food lawsuits, or at other times they are not working under a dependency relationship, so they do not have a salary increase or others, despite being in a dependent relationship, their situation has not been improved. fiscal year to the other; so it would be an error to fix all the food processes without exception the increase by automatic annual indexation to alimony, without considering or analyzing in a timely manner the cases individually in conjunction with their context. This can even lead to the defendant falling into default, and with it all the consequences of non-payment of maintenance pensions. Extending the consequences beyond the demand but also to their minor children. Methodologically, the present research is based on the rational, experiential and experiential approach that is akin to the modality of titling case studies. The methods used in introspection are deductive and inductive, descriptive, analytical and exegetical. The technique used were interviews with legal professionals with experience, expertise and local recognition in addition to the literature review through the use of scientific publications such as books, monographs, theses, articles in physical and digital format, where it seeks to establish relationships whose results are analyzed jointly, allowing the elaboration of conclusions that satisfy the specific objective and general objectives. The type is historical, descriptive, bibliographic and documentary; which are the most suitable for this type of process. Concepts such as the violation of rights, alimony and automatic indexing is instantaneous and unilaterally, without the need for any other formality and whose timing is annual, within the processes have a broad impact not only for the defendant but for the whole family, since most of them are derived from ruptures of sentimental nature and / or marriage.