La aplicación del Artículo 142 de la Ley Orgánica de Personal y Disciplina de las Fuerzas Armadas y su impacto en la igualdad y no discriminación en los ascensos militares.

Abstract

This essay will analyze whether the constitutional rigths of the people who joined the armed forces before the Organic Law on Personnel and Discipline of the Armed Forces came into effect, are affected by the application of the paragraphs 1 and 2 of the Article 142. The objective of the essay is to determine whether the right to equality, the prohibition of non-discrimination and the principle of non bis in idem are violated because of the application of the 142nd article that establishes some disqualifications restricting promotion of military personnel if sanctions applied during the career exceed the limit, which has motivated that people filed actions for injunctive relief. The methodology employed is meanly quality, supported with documental analysis and a descriptive scope, since sources of law such as legislation, jurisprudence and doctrine were used to support my personal perspective and to give a multidisciplinary and transdisciplinary approach. In conclusion, the right to equality and the prohibition of non-discrimination are not affected because of the application of the Article 142 because the Organic Law on Personnel and Discipline of the Armed Forces is the only law that regulate the promotions in the armed forces. Besides, the application of this Article does not prejudice the principle of non bis in idem because the disqualifications are not new sanctions for past events, but requirements to be promoted in the future.