Vulneración de los derechos de los alimentados por la caducidad de la orden de apremio personal preceptuada en el Art. 139 numeral 3 del COGEP

Abstract

Introduction: This research addresses the violation of the rights of alimentary beneficiaries caused by the expiration of the personal enforcement order established in Article 139, numeral 3 of the COGEP, a provision that limits the effectiveness of child support rulings and contravenes the best interests of the child. It stems from the question: How does this expiration affect alimentary beneficiaries and how could it be reformed to ensure the effectiveness of rulings? The hypothesis states that this provision generates delays, additional costs, and revictimization, and that its elimination and the strengthening of coercive mechanisms would better protect children’s rights. The general objective is to determine the legal and procedural problems involved and to propose regulatory reforms.
Methops: Using a mixed, descriptive, explanatory, and propositional approach, empirical methods (observation, documentary review, and comparative law), theoretical methods (analytical–synthetic, hermeneutic–legal, exegetic–legal, casuistic, and lege ferenda), and statistical analysis were combined.
Results and discusion: The results revealed that the expiration weakens the enforcement of child support and favors the evasion of obligations. The proposal eliminates the expiration period, expands judicial powers, and strengthens inter-institutional cooperation.
Conclusion: Validation by experts confirmed its feasibility and relevance, showing that its implementation could strengthen procedural speed, effective judicial protection, and the priority protection of children and adolescents.