Analysis of the procedural times in the alimony trial and its possible violation of the principle of celerity in the Cuenca canton

Abstract

Introduction: The current exponential growth of alimony processes in Ecuador has caused the obsolescence of the administration of justice in the country, since the deadlines and terms indicated in the regulations have only been achieved in a very small number of cases, which has the brief characteristic that poor observance of procedural times leads to alleged violations of constitutional and procedural principles such as the principle of celerity. Objective: Analyze the possible non-compliance of deadlines and terms in the alimony processes in the Family, Women, Children and Adolescents Courts and its possible violation of the principle of celerity in the Cuenca canton. Methodology: A qualitative approach was chosen based on an analytical-synthetic and retrospective approach. The information was collected through observation and documentary review techniques to determine the problem through the observation of phenomena and the objective collection of relevant information. The qualitative approach allowed us to analyze theoretical, doctrinal and legal information on the topic, which facilitated the observation of the dilemma and its comparison with the enigma expressed. The retrospective methodology consisted on the analysis of retrospective cases of non-compliance with terms and deadlines in food process causes, in order to support the hypothesis and obtain consistent conclusions. Results: The non-observance of procedural times in cases of alimony in the Family, Women, Children and Adolescents Courts of the Cuenca canton was proven, violating the principle of procedural celerity, due to the fact that several provisions indicated in various articles of the General Organic Code of Processes have not been carried out, causing an impact on timely access to justice. Conclusion: The studies carried out have shown that, for various reasons, deadlines and terms have not been respected, which has given rise to transgressions, particularly of the principle of celerity, therefore, the need arises to develop strategies that help guarantee compliance with these procedural times in order to reduce this problem and create possibilities for the effective rights enforcement, which would benefit the procedural parts involved and would in turn strengthen the legal system.