Se analyses from the perspective of constitutional law the errors in judicial rulings resulting from the misinterpretation of Article 45 of the Constitution, in line with the evolution of family law, the trend towards safeguarding the guarantees of this priority group of attention as a human rights subject. The methodology used is qualitative, supported by methods of literature analysis and synthesis. The judicial problem that arises lies essentially in the fact that our law; does not adopt mechanisms in terms of organisation and procedure to make this right to be consulted productive for subsequent judicial arguments; the aim is therefore to create a protocol for accompanying, questioning and dealing with the organic code of childhood and adolescence that guarantees this constitutional right and is not considered an empty requirement to be fulfilled during a judicial procedure.