Evaluation of the principle of equality in the provisional resolution of alimony without prior citation.

Abstract

The regulations in Childhood and Adolescence oblige the judge to fix the provisional alimony when accepting the claim, even without citing the defendant, according to Judgment No. 2158-17-EP/21 C.C. This procedure generates doubts about its impact on the principle of equality, the right to defense and the economic rights of the defendant. The research conducted in Santo Domingo in 2022, employed a qualitative approach and diverse methods, concluding that judges recognize the violation of the principle of equality, but act in accordance with the legality in force. The Constitutional Court supports the measure under the best interest of the minor, although it points out a procedural imbalance that could be mitigated through affirmative actions to balance the guarantees without affecting the rights of the minor.