LA FALTA DE NOTIFICACIÓN DE LA ORDEN DE APREMIO PERSONAL EN CONTRA DEL DEMANDADO EN LOS JUICIOS DE ALIMENTOS: TRANSGRESIÓN DEL DERECHO CONSTITUCIONAL A LA DEFENSA

Abstract

This essay studies the issue of alimony, specifically the relationship between the enforcement by commital’s order and the right to defense. An attempt is made to clarify whether the absence of a enforcement by commital’s order violates the constitutional right to the defense of the person sued for alimony. For this reason, this paper has been structured in three parts that are related to each other. First, it is convenient to explain what is meant by enforcement by commital; second, how the enforcement by commital relates to the principle of the Best Interest of the Child, and third, how both concepts affect the constitutional right to defense. Finally, the general conclusions are formulated that show that it is an issue that goes beyond the law. With this work, it is expected as a final result that the violation of the right to defense will be seen with complete certainty. It is worth mentioning that for the present study extensive use will be made of doctrine, jurisprudence and the pertinent laws that regulate such matters.