The trial of impugnation of paternity and effective judicial protection in Ecuador

Abstract

The present work deals with the topic: "The trial of challenge of paternity and egal security in Ecuador." lt s oriented to know the Ecuadorian judicial and constitutional practice, about the challenge of paternity, an action that can only be proven through the result of the DNA test, which will reliably determine whether there is a consanguineous link or not. However, in view of the refusal of one of the parents to attend with the presumed son, when the test samples are taken, there is an impediment to the achievement of the test and in such a way, the absence of the blood relationship can not be determined. Unfortunately, n Ecuador there is an express ruling by the Constitutional Court, which supports this judicial practice, thus violating effective judicial protection. The methodology to be used n the research is deductive, exploratory and descriptive. A qualitative approach will be used, as it s the one of the social sciences and more punctually of the Law.