La acción afirmativa y sus contradicciones sobre la equidad en los procesos de concursos para ingresar a la función judicial.

Abstract

The development of this research document addresses as a study of its respective problems the fact that affirmative actions within the scope of merit and opposition contests in the Judicial Function would not be properly applied, which is attributed to the fact that in some cases instead If actions are established that guarantee equal opportunities, on the contrary, the discrimination of the historically excluded groups against the other participants in the contest will be reversed. Therefore, the problem is exacerbated according to the case study when additional scores were awarded to women only for their gender condition, which is an act of discrimination that has been reversed against the male participants, which it affects the principle of equality and non-discrimination. Consequently, the objective of this research is to analyze the effects of the affirmative action proposed by the Council of the Judiciary in the case of the Public Contest of Merits and Opposition to enter as judges in family matters, as well as to analyze other alternatives to consider for a better application of these actions. Indeed, a qualitative and descriptive research is being developed. Regarding the results, it can be seen that affirmative actions are questioned since they do not guarantee non-discrimination of rights in all cases.