Bibliographic citations
Barranzuela, C., (2021). La capacidad y solvencia económica del imputado como agravante en el delito de incumplimiento de la obligación alimentaria [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/7893
Barranzuela, C., La capacidad y solvencia económica del imputado como agravante en el delito de incumplimiento de la obligación alimentaria [Tesis]. PE: Universidad Privada Antenor Orrego; 2021. https://hdl.handle.net/20.500.12759/7893
@mastersthesis{renati/372733,
title = "La capacidad y solvencia económica del imputado como agravante en el delito de incumplimiento de la obligación alimentaria",
author = "Barranzuela Campos, Charles Darwin",
publisher = "Universidad Privada Antenor Orrego",
year = "2021"
}
This thesis develops the social problem of a legal order, related to non-compliance with the food obligation laid down by injunction and specifically to the regulation of economic capacity or solvency as aggravating the crime of Omission to Family Assistance in the event that, when the complaint is formalized, the accused has the aforementioned capacity or solvency and yet this , intentionally and consciously persists in breach of the court order; therefore, doctrinal and jurisprudential foundations were analysed that underpin not only its own regulation but also the consequences that this would generate, resulting in constitutional respect for the dignity of the fooder, the constitutional principle guaranteeing the injunction for non-compliance with food duties and the reluctance of the accused to comply with the injunction, constitute legal basis for the proposed regulation , for this purpose, the problem was formulated: What legal basis underpins the regulation of the defendant's capacity and economic solvency as aggravating non-compliance with the food obligation? During the development of the research, the scientific method was used to create knowledge that is exposed in the results and conclusions; similarly, general or logical methods such as Analytical-Synthetic, Inductive-Deductive and Exegetic were used in the collection and analysis of relevant and relevant information; specific or legal methods such as the Historical and hermeneutic-Legal method; We also apply techniques and instruments such as Observation with your Observation Guide, The Collection of Information with your Registration Sheet and the Interview with your respective Interview Questionnaire to professionals and people related to the subject under study. The results obtained were discussed in order to determine that there are grounds that under our position, which also found support in the comparative legislation comprising the situation or economic condition of the agent within the regulation of the crime of non compliance with the food obligation. After the research, conclusions are presented and given the requirement and formality of a study at the graduate level, a draft legislative proposal has been considered as suggestions in order to help overcome the problem warned by the researcher who motivated his study.
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