Execution in child support processes in the jurisdiction of children and adolescents

Abstract

The failure to fulfill child support obligations negatively impacts the comprehensive development of children and adolescents, a group with reinforced rights. In response, Child Support Enforcement Courts have been established, whose function and effectiveness require analysis within the current legal context. The general objective was to contribute to the understanding of child support processes, emphasizing conventionality control and the promotion of children’s and adolescents’ rights. A qualitative methodology was applied to conduct the exploratory process, which utilized a qualitative approach based on documentary and normative analysis of current legislation, complemented by a state-of-the-art review through judicial reports and academic studies. The organizational structure of the courts, the profile of enforcement judges, and the use of alternative dispute resolution methods (ADR) were evaluated. Among the significant findings, evidence highlights that enforcement courts play a key role in ensuring compliance with child support obligations through specific mechanisms of conventionality control. The enforcement judge's profile requires specialized competencies in human rights and mediation techniques to resolve conflicts effectively. The use of ADR methods, such as mediation and conciliation, improves case resolution efficiency and reduces judicial workload. Progress has been observed in implementing strategies that strengthen access to justice for vulnerable groups. It is concluded that Child Support Enforcement Courts are a critical tool for protecting the rights of children and adolescents. Their effectiveness relies on an integrated approach that combines conventionality control, specialized judicial training, and the application of alternative methods. Consolidating these practices can enhance the efficiency of child support enforcement and move towards a more inclusive and efficient judicial system.