Efectividad de la aplicación del Art. 137 del Código Orgánico General de Procesos frente a la mora en el pago de pensiones alimenticias durante el año 2024 en la ciudad de Cuenca

Abstract

This paper examined the effectiveness of the application of Article 137 of the General Organic Code of Processes (COGEP), a regulation aimed at guaranteeing the payment of alimony in Ecuador. This provision establishes personal coercion in the event of non-compliance with two or more pensions, allowing the debtor to be deprived of liberty for up to one hundred and eighty days. Although the right to alimony is considered a privileged obligation constitutionally protected, its fulfillment faces serious shortcomings in judicial practice. The study began with the historical development of the right to alimony and continues by analyzing Judgment No. 012-17-SIN-CC, which reformed the coercion procedure. Statistical data from the Cuenca canton demonstrated the persistence of a large number of delinquent debtors in 2024, demonstrating that deprivation of liberty as a measure against non-compliance does not fulfill its purpose, which is to guarantee effective payment. Through comparative law, the Chilean debtor registry system was studied, the effectiveness of which is completely different from Ecuadorian delinquency. A reform was proposed that establishes a Single System of Alimony Debtors (SUDA) interconnected with public and private institutions, as a more effective alternative than personal coercion.