Análisis del procedimiento aplicado a las acciones de impugnación de maternidadpaternidad o de reconocimiento voluntario de paternidad, frente a la tutela judicial efectiva, debido proceso y celeridad procesal

Abstract

Abstract:This research develops doctrinal, constitutional and procedural actions to maternity/paternity and voluntary recognition of paternity actions, and, on the other hand, the legal nature of the ordinary procedure applicable to this type of actions is analyzed, in order to confront such aspects with the practice carried out after the validity of the Código Orgánico General de Procesos, in which the substantiation of said actions is verified under the summary procedure due to improper programming in the computer system of the processing of cases carried out by the TIC s del Consejo de la Judicatura. The proposed object is justified as much as it has not been carried out in any other investigative work, so it will be a new contribution to the field of civil procedural law; and also, because the research will be based on surveys carried out with legal professionals, interviews with Family, Childhood and Adolescence judges and on the analysis of practical cases of paternity/maternity procedures, which began with the processing of summary proceedings, and in which there is still no final judgment.