Necesidad de regular el procedimiento para la tramitación de los incidentes de alza o rebaja de pensión alimenticia, garantizando el derecho a la defensa del alimentante

Abstract

Abstract: Our Constitution of the Republic, bid the conduct of proceedings in all subjects, levels, steps and proceedings will be held in the oral system, applying the principles of concentration and device, proceedings shall be oral, timely and consistent throughout their process, there are dark standards and the need to establish them clearly, avoid unnecessary lethargy in justice with prejudice to a party. One of the rules in question is contained in Art. Unnumbered 42 (147.20) of the Code Reform Act of Childhood and Adolescence regarding incidents rise or reduction of maintenance, it is a legal obstacle to the pursuit of judgment criterion is free actor, when he believes demand have varied circumstances that led to the current board. This work is aimed precisely to point out that you should not apply the above rule, freeform as it has left the legislator should have certain limits to prevent abuse of the law to the detriment of a party.