JURISPRUDENCIA
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Item Open Access Análisis jurídico del otorgamiento de la pensión alimenticia para personas con discapacidad aptas para realizar actividades laborales en el cantón Ibarra(Pontificia Universidad Católica del Ecuador Sede Ibarra, 2020-09) Ortega Moreno, Jonathan VinicioThe main objective of the present work is to study the legal analysis of the granting of alimony for people with disabilities capable of carrying out work activities in the canton of Ibarra; as we will see, this issue, apart from being a legal problem, is a social problem. The proposed topic is developed in the field of Childhood and Adolescence, and to have a better understanding and knowledge it was taken as a practical case, the judgment number 10203-2018-00206, which took place in the canton Ibarra. The problem is that, there are people with disabilities, despite their physical and intellectual conditions, they are able to carry out work activities and procure by themselves the necessary resources for their subsistence. However, those who assume the obligation to provide food, have much more unfavorable conditions, to fulfill the right of the fed. Although the constitutional and legal regulations protect the fair right of people with disabilities to receive alimony for life, there is a social issue that would not be considered with respect to people who provide food. From the analysis carried out in case number 10203-2018-00206, it is found that physical limitations are not always an impediment to carrying out work activities and therefore can work and earn an income, instead of depending on alimony from a person who socioeconomically would be in much more difficult situations than the person who filing the action, and therefore, although not legally, is socially inequitable.