Protección jurídica y Principio Iura Novit Curia relevantes al interés superior del niño, niña y adolescente en el proceso judicial por tenencia del niño, niña y adolescente

Abstract

Abstract: Contemplating the right of childhood and the objectives such as protecting and promoting the principle of the best interest of the child, girl and adolescent, this when there is a Criminis News towards a minor, having generated an urgent act of great social alarm, where the judge of cause I do not consider that and do not take other steps to determine whether or not there was the alleged sexual involvement; thus honoring the agreements under the Pacta Sun Servanda principle, as well as the international public order (Ius Cogens). That in our case the last ratio in case No. 0510- 16-EP, in Judgment No. 166-17-SEP-CC, declared the lawsuit without merit, ruling that the jurisdictional authorities of both first and second instance, they did not incur in omission or procedural action that would have deprived the legitimate active party of his right to defense, for which reason in analysis it has led to the violation of rights by omission and negligence sanctioned under the guidelines of the Regulation for the regulation of the jurisdictional declaration in cases of fraud, manifest negligence or inexcusable error, within the constitutional jurisdiction.