El debido proceso en el régimen sancionatorio de los docentes del Sistema de Educación Superior.

Abstract

Background: The present work has the purpose of determining the due process in the Punishment Regime of the teachers of the Higher Education System. It is observed that the current regulations violate constitutional rights, so there is a need for reforms. Objective: To determine the incidence of art. 206 of the Organic Law of Higher Education (LOES), which speaks of the punitive disciplinary regime of teachers of the Higher Education System, to establish if Constitutional Rights are violated in the field of Due Process. Methodology: Research with a qualitative approach with an exploratory, descriptive and explanatory scope. Results: In the analysis of the problem posed, it was possible to determine that in Art. 206 of the LOES there are Constitutional contradictions when sanctioning teachers, exceeding the competences based on the autonomy that the Law provides for such purposes. Conclusion: To answer this problem, it was necessary to resort to the legal texts of Ecuadorian legislation, plus the criteria of legal professionals and the study of our Constitution, in order to establish whether the Law in its Arts. 206 is in harmony or conformity with constitutional principles. The result of the study emerged the existing legal vacuum and that this sanctioning instrument is in frank incompatibility with the Constitutional Law of the Ecuadorian State, causing excesses of the authority indicated at the beginning of the work. It is proposed to Reform the Arts. 206 of the LOES to safeguard the rights and guarantees of teachers in the Higher Education System.