Violación de los principios de lesividad e igualdad en el artículo 243 del COIP, al tipificar la no afiliación al IESS por parte de una persona jurídica.

Abstract

This work is based on an objective analysis of article 243 of our Organic Integral Criminal Code (COIP), which establishes a sanction for legal persons who incur in the non-affiliation of their dependents to Social Security, which leads to conduct an investigation in this regard, establish that in our country there is a Law in charge of regulating everything related to Social Security, which includes violations of its articles. On the one hand, we try to demonstrate that this article violates two fundamental rights, such as that of injury and equality, since while COIP treats two people differently (natural and legal), imposing different criticisms for the same violation, The investigation is aimed at finally demonstrating that the mentioned article should not exist in the COIP article, or should be reformed.