Análisis de la constitucionalidad en la presentación de incidentes de disminución de pensiones alimenticias

Abstract

In this research, the constitutional conformity of Article 8 of Title V of the Code of Children and Adolescents was analyzed with regard to the enforceability of the reduction of alimony as of the date of the resolution declaring it. To this end, a qualitative methodology of a hermeneutical-legal type was used, through the doctrinal and documentary analysis of primary sources, such as national regulations and secondary sources such as indexed scientific articles from 2019-2024. The results showed that the most affected right is that of alimony, whether born or conceived unborn, within a framework of material equality. Likewise, the need for a regulatory reform was identified that allows the judge to set a reduced provisional pension in justified circumstances, without having to wait for the issuance of a final judgment to modify the amount of the primary maintenance. Similarly, it was concluded that the current regulation generates damage to the rights of alimony, so a legislative review is recommended to guarantee greater procedural equity and effective protection of the rights of the alimony recipient before the law and the new family burden in a judicial process.