El derecho a la identidad en el juicio de presunción de paternidad en el sistema de justicia ecuatoriano

Abstract

The presumption of paternity is implemented in the civil procedural law as a guarantee to the rights of minors, mainly linked to the right to identity but that generates effects with respect to other rights that derive from the identity such as the right not discrimination, and the integral development of minors. The process on which the presumption of paternity is substantiated, which is the subject of our analysis, is instrumentalized in the Childhood and Adolescence Code and begins with the presentation of the mother's claim to the alleged father. It must be clarified that the state of presumption in the procedural law corresponds to the lack of determination of the defendant, accused, accused or accused, and not only to the presumption of innocence in the criminal sphere, but to the presumption of the right to which is indicated as responsible or owner. In this sense, the presumption on which the aforementioned procedure was developed is in which corresponds the analysis starting from the concrete fact that the obligations derived from the claimed right can not be exercised until paternity is declared judicially, or in its defect, until the presumption is declared as of right. It is then subject of analysis the legal situation in which the alleged father is from the presentation of the claim until legally declared as a father, or not. The own temporality on which the processes are developed, are those that oblige the judges to take precautionary measures of a provisional nature to ensure compliance with the obligations deriving from the main cause, the food process could not be exempt. , given the immediate need for children to have the help of their parents in their development. However, it should be noted that a food process is not the same as one in which the filiation of the child has not been established, or its relationship to the child, hence the regulation itself establishes the obligation of the judges to order immediately the DNA test in the qualification of the demand, this, according to the need to establish the ownership of the defendant with respect to the payment of alimony. Research problems that will be absolved in the research development that will be developed subject to the parameters established for the degree work of the Technical University of Machala, from the perspective of the rights of minors and litigants, as well as the the administration of Justice as guarantors of the exercise of the rights of the people from the point of view of the object of study that is PERSONAL APPRECIATION IN FOOD SUBSTANCE WITH PRESUMPTION OF PATERNITY