La declaración judicial de privación de la patria potestad y su protección al principio del interés superior del niño al aplicar el numeral 5 del artículo 113 del Código de la Niñez y Adolescencia

Abstract

The preparation of this degree work focuses on analyzing how the fifth cause of the legal figure of deprivation of parental authority regulated in article 113 of the Organic Code of Children and Adolescents, provides protection to the principle of the best interests of the child. and adolescent. Our study focuses on examining the scope of this cause with respect to two situations, which could put at risk the principle of best interests of the child and adolescent, such as; the misuse of the fifth cause and the misinterpretation of the cause by lawyers and judges, who understand the cause as a kind of analogy with the first cause of suspension of parental rights; issue that we will seek to resolve in order to prevent future confusion among legal professionals. The research techniques to be applied will be qualitative research, with the interview being a technical instrument whose objective will be to obtain data that will allow answers to the research questions; It will be applied to lawyers in the free exercise of the profession and to judges within the branch of family law, women, children and adolescents who know and process the actions. During the interview, the respective questions will be asked and the interviewee will answer them.