Impacto de la transgresión judicial en la fijación de la pensión alimenticia y los derechos del menor

Child support is a fundamental right of minors, guaranteed by Ecuadorian and international legal frameworks to ensure their well-being, comprehensive development, and quality of life. However, judicial rulings in Ecuador have violated this right, particularly by establishing child support payments from the date of the defendant’s summons rather than from the filing of the claim. This practice unjustifiably delays minors’ access to essential resources, creating situations of economic, emotional, and social vulnerability. Although Ecuadorian law clearly states that child support must be determined from the date of filing, inconsistencies in judicial rulings have led to contradictory interpretations. This issue is also recognized at the international level, where it is emphasized that any decision involving minors must prioritize their best interests. The Convention on the Rights of the Child and the Inter-American Court of Human Rights have stressed this state responsibility. Nationally, the Ombudsman’s Office and the Judiciary Council have issued guidelines to correct these practices. Ruling No. 2301-18-EP/23 of the Constitutional Court sets a significant precedent by explicitly stating that setting child support payments from the defendant’s summons violates the principle of legal security and the best interests of the child. This ruling reinforces the need for uniform criteria and effectively protects the fundamental rights of minors, highlighting that a correct judicial interpretation is essential to ensuring their comprehensive development and their right to a dignified life.