Análisis constitucional de la Ley de Fortalecimiento a los Regímenes Especiales de Seguridad Social de las Fuerzas Armadas y de la Policía Nacional.

Abstract

This investigation focuses on the Law to Strengthen the Special Social Security Regimes of the Armed Forces and the National Police, which was declared unconstitutional in March 2021 by the highest constitutional control body in Ecuador. Through this law, the government on duty in 2016 tried to interfere in the social security financing system of the Armed Forces and National Police, as well as to equate the special social security regime of these entities to the general social security regime , affecting for approximately five years, constitutional precepts, by not adequately regulating access to the benefits of the Social Security Institute of the Armed Forces and the Police, being a right recognized in the Constitution of the Republic, the right to social security ; and, an obligation of the Ecuadorian State to ensure its effective enjoyment and compliance. The scope of the investigation is descriptive, applying a mixed approach, through the investigative methods of documentary analysis, case study of Sentence 83-16-IN and accumulated; and, as a technique to be applied, the survey of military and police officers who are subject to the special social security regime of the Armed Forces and National Police. At the end of the work, the criterion of implementing a social security law for these special regimes is reaffirmed that is in accordance with current constitutional precepts, supported by technical criteria that support the sustainability of the social security system.