The Importance Of Family Assistance In The Justice Court Of The Ventanilla District – 2019

The importance of family assistance in the Justice Court of the Ventanilla District – 2019

Introduction

The present investigation work is entit. The District of Ventanilla basically the periphery is delimited, where there are homes where the father is absent and does not fulfill his responsibilities according to law, being the mother who contributes to the support of the same. This problem brings with it a series of implications in the psychological, educational, social, etc. of children, including mothers.

This is where we find the fundamental importance of the alimony, as a recognized and protected right, also everything that implies food., The payment of food, who are obliged to provide food and who can receive them, also covers the procedures to follow, since it is an important factor because many of the respondents do not know the procedure to follow.

In our country, family assistance processes have the same purpose and objective is to protect in everything that suits the minor, pregnant or mother, however, bureaucracy, immersed in due and correct process, leave aside the speed forProtect it jurisdictional guardianship, but not the urgent need in which the foods are, to that we add those who do not have access to the protection of law, those who cannot access a justice system that cauthes their rights and protects their developmentPhysical and spiritual staff.

We seek to make known and deepen the importance of centralized family assistance in the Ventanilla district, Lima;since a high number of processes with this nature is concentrated.

In this district there are a large number of mothers, pregnant and minors who still cannot make their rights, given the abandonment of the father and the lack of fulfillment of responsibilities with them. It is important to prepare this research because it establishes a work currentIn the aforementioned district.

The present work considers to base the theoretical – scientific knowledge, in the participants of the present, the level of incompetence that the feedings possess on the subject to be investigated has been taken into account, therefore the exhaustive and detailed research of thewhich concerns children and adolescents in food law, its importance is based on the need to perceive food by the food for both physical, educational, psychological development of the child, it is necessary to incorporate substantial methods that allow compliance withPayments of alimony by the feedback who has the obligation until this right is extinguished.

When family disputes have not been resolved harmoniously by the couple, one of them chooses to go to the judicial route to be the judge who resolves their differences through a process that will conclude with a sentence, and in the case of the case of thefood trial, through the resolution, in which the economic benefit will be set based on the evidence provided by the procedural parties. In the food trials processed in the Courts of Children and Adolescence, the practice of personal urgency is provided, according to the provisions of the Code of the Child and Adolescent, a diligence to which in case of breach of eating pensions a sanction will be issuedCriminal, through an arrest warrant so that the feedback fulfills the obligation to provide food to his child, this is requested by the plaintiff, in order for the feeding to comply with the obligation.

The alimony is the result that gives, the one that a person devoid of economic resources asks for another who has enough, help for their subsistence;This before the corresponding jurisdictional authority provided that confirms the link that one to them, whether marriage or subsidiary. In this way we have indicated the obligations by those responsible, in each of the aspects highlighted in this document.

The food obligation is one that the law imposes on certain people, to provide others (spouses, relatives for upcoming purposes), the necessary resources for subsistence, if the latter are in indigence and the person has sufficient means, forRanked your maintenance

Developing

Method

Context description

The present study belongs to a specific qualitative type of research, for which an interview was thoroughly. Dr. Mario Molina Adriazola, collegiate at the College of Lawyer of Lima, of the Miraflores district located in Lima-Peru, with the purpose of a thorough investigation on the importance of family assistance in the Court of Peace Court of the Ventanilla district-2019.

The food law corresponds to each person, who in turn is a member of a family and a society, in this context it is well defined who 24 assumes the responsibility of achieving these foods to cover family assistance, that is, “according to theLife cycle, food must be provided by parents or children, at different stages. The food obligation has a character of reciprocity that seeks to protect those who are in a state of helplessness. (Martínez et al., 2003, P.8).

The family is the main institution of society and each component, inside, meets a role for the satisfaction of their needs, which in a basic sense constitute family assistance.

The Civil Code, points out that family assistance is related to the legal concept of food, being understood as such, “to what is essential for livelihoods, the room, dressed family assistance, education, training for work, health, recreation, according to the situation and possibilities of the family ”(Civil Code, 2010, Art 472).

Another important appreciation of the concept of family assistance is what contemplates the legal relations created from marriage, adoption, concubinage or simply of paternity or maternity that determine existence, fidelity, to the so -called family debit, which implies a duty of18 Family assistance for the person or persons responsible for guaranteeing, naturally and without excuses, the maintenance of the minimum material conditions of the support and training of their family members.

In Peru, the crime of omission to family assistance is a crime that in 1962 was regulated with the law not. 13906 of March 24, under the title of law of abandonment of family, currently repealed. Today, according to the current Peruvian Criminal Code (1991) in Book II, Title III (Crimes against the Family) defined as follows the crime of omission of food benefit or the crime of omission of family assistance as breachof food obligation and that carries with it a penalty that ensures compliance with sanctioned food duties: the one that omits to fulfill its obligation to provide the food that establishes a judicial resolution will be repressed with imprisonment not exceeding three years, or with benefitof community service from twenty to fifty -two days, without prejudice to fulfilling the judicial mandate. (Criminal Code, 2011, Art 149)

Participants

The investigation took place in the Court of Peace, located in the district of Distritito de Ventanilla in the department of Lima – Peru.

In which we place the collegiate lawyer Dr. Mario Molina Adriazola with the age of 41, graduated from the Law career, professor of the Norbert Wiener and Telesup University, who was prepared two (02) interviews on the following date: Sunday, September 29 and October 20, October 20,2019, with the aim of determining the importance of family assistance in the Justice Court of the District of Ventanilla – 2019.

Information collection techniques

The techniques and instruments used in this research work were:

1.  Techniques: We apply the correct direct observation, analysis and crossing of information, for the correct use of all attached information, investigated and collected in order to have reliable sources for those who need this type of investigations with feasible issues in time taken, also, an anticipated explanation was given to the interviewee, informing him that the present will be observed for academic purposes.
2. INSTRUMENTS: Preparation of an interview script carried out in advance and detailed way for the ease of the interviewer and comfort of the interviewee, holding a respective empathy, maintaining the level of adequate confidence by the research work team, the use of theCurrent technology, through mobile equipment, and audio and video applications.

Process

It is a methodical and coherent procedure that tries to expose in a clear way, in a given time, important knowledge and contexts to consider to expose the importance of family assistance, using the interview as the main procedure to generalize the results obtained.

We seek to specify the properties, dimensions, characteristics and important profiles of people, groups, and processes related to family assistance, and breach of their food law;Regarding reality according to the opinion of the lawyer interviewed. Applying a correlational level seeking to specify the properties, characteristics of the processes related to family assistance, and to the breach of its food law.

The first step that took place was to prepare the interview script, to apply it with the interviewee in greater depth.

The ethical and moral resources demanded by the following work was taken into account, for this it was decided to know the interviewee by reading and filled with the document indicating the informed consent, so the lawyer Molina Adriazola Mario, theCompliance with the commitment, with due responsibility for the development of interviews and fundamentally with the objective and purpose of the present study, clarifying that your participation in this study – interview work is totally voluntary, also informing you, that in case of optingor decide, the withdrawal or abandonment of this study process, it is totally acceptable if in case any time request it;Likewise, the consent and approval for audio and video recording of interviews with the person of him were requested to have them as a source of verification and support of the study analysis.

All information provided by the professional interviewed is totally under his consent, thus establishing that the use of these data is strictly, only for academic use. After reading the informed consent, the document was signed, to have the legality and due authorization, and initiate the interview.

Results

ANALYSIS AND INTERPRETATION:

The life story of the DR is examined. Mario Molina Adriazola, resident of the Miraflores district, is currently 41 years old, who exercises the advice with a specialty in civil law in particular cases, also exercising the cathedral as a professor at the Norbert Wiener and Telesup University.

We begin the context of the interview, talking about his experience in civil law, specifically on family assistance processes, thus establishing a more concise and clear idea regarding the objective of the present study, to which he stated “that his experienceIn these processes it was also wide, I indicate that, due to its specialty in civil law, it was appropriate for the present study ”.

There are actions or measures that can be brought today to the breach of food duty, but these are not enough. In this work, as a conclusion, some solution alternatives will be delivered that can be incorporated into the daily life of the actors and defendants of food cases, which have been contributed by the interviewee, with the help of several legislation and importantdoctrinals seeking a solution to the conflict of breach of the appropriate payments of eating pensions.

Its importance is based on the need to perceive food by the feedback for both physical, educational, psychological development of children and adolescents;The need to incorporate substantial methods that allow compliance with the payments of food pensions by the feeding one who has the obligation until this right is extinguished;Failure to benefit food in general and the food sentence in particular constitutes a problem of serious consequences, before which the laws multiply the procedures in order to ensure the parent the perception of what is due due.

The Peace Courts are jurisdictional bodies attended by the parties in conflict, to ventilate their disagreements with the hope that the justice of the peace is, after the brief judicial process solves the problem that they were not able to solve it or did not have the aid or guidanceSuitable to solve it, implying this decision an emotional wear of the whole family involved, understanding parents, children, grandparents and others who make their own the problem and face each other, forgetting that children and adolescents are there are thereObserving, assimilating, crying, suffering, are the victims of their parents’ problem;The problem does not cause only emotions brings with it the economic difficulty.

Although our legislation indicates that for this judicial procedure the service of a law specialist is not necessary, they must hire a lawyer who advises them and legally accompanied them, which is not always a support, many times they constitute another problem, since they areHe must cancel fees, which further increases the conflict, often having to get rid of family assets to cancel the lawyer, this for the judge to resolve a pension that they could well have agreed and avoid so much pain and anguish of mothers and children, girls and adolescents.

The child and adolescent code is constituted as an eminently social law, developed by the protection of the Constitution and in the Convention on the Rights of the Child. It is the legal tool for operating the rights established in this convention, so that girls and adolescents, which constitute much of the Peruvian population, have a legal instrument to favor their maturation. Regulating all aspects related to the development of childhood and adolescence. This work whose main theme is the importance of family assistance or alimony;It is a necessary and real proposal, since for the initial case it is beneficial for both interested and courts and justice operators.

 Activity timeline:

The research work was developed in the fourth cycle of the Professional Law career, corresponding to 2019 from September to December

Conclusions

To maintain the internal coherence of the investigation, the conclusions are carried out supported by the objectives and applying all the information contained in the interview with the law of the Law, asimos taking references on the legal provisions contemplated in our Constitution, Civil Code and Code of the Child andadolescent, related to breach of the obligation of timely payment of food pensions which negatively influences the development of children and adolescents who perceive food.

It is evident and very notorious to breach the obligation of timely payment of food pensions in the Peace Court of the Ventanilla district, which currently exists, because feeding parents have a negative attitude when fulfilling the obligation to provide food, this is due to the increase in eating pensions;since they state that the increase in eating pensions is favorable for the development of the child, but not for the economic situation in which the feeding is often.

Failure to comply with the timely payment of eating pensions violates the rights established in the Constitution and those established in the Code of Children and Adolescents, since not fulfilling the obligations as parents the minor is affected in their rights, as to health, to health,Education, costumes, the fed do not obtain any benefit when eating pensions are owed by the feeding man, because of this many stop attending schools, thus generating an emotional conflict between parents and children.

References

1.  Political Constitution of Peru
2.  Peruvian Civil Code
3.  Child and adolescent code
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