Inconstitucionalidad del contrato especial emergente.

Abstract

As a result of the health crisis caused by the COVID-19 pandemic, the special emergency contract was established, as outlined in the Organic Law of Humanitarian Support as a response to the economic recession the country was facing. However, the implementation of this contractual modality has sparked significant and meaningful debate regarding its compatibility with constitutional principles and rights. The aim is to determine the unconstitutionality of the special emergency contract, arguing that this type of contract undermines workers' acquired principles and rights, such as job stability and the non-waivability of rights. To this end, the principle of proportionality is used as an interpretative method, as employed by the Constitutional Court of Ecuador, which consists of four elements: having a constitutionally valid purpose, being suitable, necessary, and proportional in the strict sense, all of which are mandatory criteria. Various research methods were employed in the development of the work, allowing for a detailed evaluation of the incompatibility of the special emergency contract with constitutional precepts. The techniques and methods applied by the Constitutional Court to interpret and resolve the incompatibilities between norms and the Constitution provide a detailed understanding of the criteria used for interpretation. These analyses are crucial for conducting constitutional review, as they facilitate the identification of potential legal conflicts and the determination of whether unconstitutionality exists.