Citas bibligráficas
Pacco, C., (2023). La conciliación extrajudicial en los procedimientos de alimentos, tenencia y régimen de visitas en los casos tramitados por la DEMUNA de la Municipalidad Distrital de San Pablo durante el periodo 2022 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/6851
Pacco, C., La conciliación extrajudicial en los procedimientos de alimentos, tenencia y régimen de visitas en los casos tramitados por la DEMUNA de la Municipalidad Distrital de San Pablo durante el periodo 2022 []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/6851
@misc{renati/957230,
title = "La conciliación extrajudicial en los procedimientos de alimentos, tenencia y régimen de visitas en los casos tramitados por la DEMUNA de la Municipalidad Distrital de San Pablo durante el periodo 2022",
author = "Pacco Quispe, Celia",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
The investigation is based on the observation made to the administrative procedures carried out by the San Pablo Demuna on extrajudicial conciliation in cases of possession, food and visitation, foreseeing that there are difficulties in carrying out satisfactory conciliations, since in To the extent that these mechanisms are effective in resolving conflicts, better living conditions will be offered to family members (minors) who are in this case the most harmed. Within the Alternative Conflict Resolution Mechanisms - “MASC”, we find the figure of extrajudicial conciliation, which is a self-composing mechanism, that is, where the parties find a solution to their conflicts, by virtue of the autonomy of their parties. wills, allowing the parties to reach agreements that satisfy their interests and/or needs, without the need to resort to judicial means. In our country, according to the “MIMP”, in 2022, 17,510 cases of family violence were registered, the victims being minors, thus presenting one of the very high rates of family violence. That is why it is of utmost importance to focus on safeguarding the rights of children, who are the most affected by family conflicts. Through the creation of the Demunas, which are dispersed in different municipalities nationwide, the government plays a fundamental role in strengthening the comprehensive and free protection of children's rights, helping an important part of the population of scarce economic resources and constantly promote the strengthening of family ties. To this end, the Demunas are made up of professionals from various disciplines, morally stable and with the necessary training to perform their functions. Data from the Ministry of Justice and Human Rights (MINJUSDH) indicate that 1,191 Demunas were accredited to carry out conciliations at the district level in 2022.These Demunas are distributed in 1,191 districts of the 24 departments of Peru, which demonstrates the lack of commitment of the State with the defense of the rights of children, as well as with the voluntariness of conciliations in matters of possession, food and visitation, and the monitoring of the agreements reached in the conciliation minutes. The conciliator must follow the procedure regulated by Law to carry out the conciliation, which begins with the conciliatory request requested by the interested party or both parties. Then, he must carry out a series of activities, such as notification to the other party, the conciliation hearing, the preparation of the conciliation record, etc. The procedure ends with monitoring. Therefore, it is pointed out that the procedure regulated in our regulations is very important, however, in reality, it is observed that there are deficiencies in the correct application of the procedure due to different factors, such as human resources, lack of staff training, inadequate infrastructure, economic resources, etc., aspects that determine the effectiveness of the conciliation procedure. As Demuna plays a crucial role in defending children's rights, it is imperative that this issue is carefully considered. If the established procedures are not followed, the minutes will not have the status of an executive title and will not be considered evidence in any judicial process, which will waste time and make the voluntary agreement between the parties inapplicable. For this reason, it is important to determine the main challenges encountered by the administrative authority when processing extrajudicial conciliation procedures in cases of alimony, possession and visitation processed by the Demuna.
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