Efectos jurídicos del Proyecto de Ley Reformatoria a la Ley Orgánica de Apoyo Humanitario.

Abstract

Based on the economic and social crisis resulting from the COVID-19 pandemic, the Ecuadorian State used its legislative power to generate support for the population and prevent the crisis from deepening. In this context, the Humanitarian Support Law was generated in June 2020. However, it was proposed that the law be reformed and partially repealed due to legal conflicts of its parts. Although the reform was vetoed, the article proposed an analysis of the parts of the reform with a legal vision of the parts of the law, with special emphasis on the labor aspect, reconciling each aspect with the current social and economic reality. The method used was documentary and sociological. As a result, it was found that the specific reforms of the articles on humanitarian measures were adequate. The repeal of the articles on labor matters is favorable because they contain unconstitutional approaches and because they are not in line with the social and economic reality of the country. The central conclusion is that the Humanitarian Support Law deserves to be improved, so that it has comprehensive, articulated support measures, free of unconstitutionalities, and that these measures, especially in labor matters, are favorable for both the worker and the employer.