El uso de la acción afirmativa de autodefinición étnica por los postulantes al servicio público para beneficiarse del puntaje tentativo final.

Abstract

This academic article aims to determine the misuse of the affirmative action of ethnic self-definition, provided for in the public sector personnel selection subsystem to benefit from the final tentative score, taking advantage of labor rights and above all misusing ethnic self-definition. , a situation that causes a conflict of enforceability in the application of meritocracy in the contest of merits and opposition. Labor law is enshrined in the constitution that allows determining levels of enforceability, through constitutional protection mechanisms, demanding legal security and generating antinomies in the definition of ethnic self-definition, contrary to the true rule of law, which in the first paragraph of article 1 of the Constitution of the Republic (2008), states: "Ecuador is a constitutional State of rights and justice, social, democratic, sovereign, independent, unitary, intercultural, plurinational and secular" Finally, our investigation will show the misuse by applicants of the application of affirmative action of ethnic self-definition, adapted to the selection of personnel to enter the public service, a mechanism implemented by Ecuadorian labor legislation.