Desvinculaciones masivas en el sector público en el Ecuador y la acción de protección como tutela judicial en el ámbito constitucional.

Abstract

In Ecuador, constitutional guarantees are legal and judicial mechanisms of immediate application, designed to provide the effective judicial protection enshrined in our Constitution, which recognizes and protects a broad range of fundamental rights, including those related to the workplace, where they are safeguarded by judicial and constitutional oversight mechanisms whose primary function is to ensure that citizens can exercise and enjoy the rights set forth therein. Public servants are also included among those covered by these rights; they likewise enjoy their constitutional rights, since these rights are inalienable, imprescriptible, irrevocable, indivisible, independent, and are intended to protect the affected party against abuse of power by the State; they safeguard against violations of rights by the executive branch against private individuals as well as public servants, so that there is no inequality, abuse, or labor or political conflict, and above all, so that constitutional mechanisms are sufficient to demand justice regarding actions that threaten the constitutional principles or rights of Ecuadorians under any circumstances. In labor matters within the public sector, cases are referred to administrative bodies where the scope for a favorable outcome is very limited, given that there is no true impartiality—a system that unfairly favors the State; whereas the constitutional route proves to be both more effective and impartial, as it seeks to comprehensively remedy the rights violated against public servants or private individuals by being more efficient.