La protección judicial de los derechos a la jubilación y su relación con el desarrollo pleno del derecho a la vida digna de las personas de la tercera edad. (Estudio del caso número 01204-2021-00101)

Abstract

This study analyzes a case of constitutional rights violation in Ecuador involving a public servant with physical disabilities and chronic illnesses who was denied a retirement compensation despite meeting the legal requirements outlined in Article 85 of the Organic Law on Disabilities. Using a dogmatic-legal and critical approach, it examines the constitutional protection action filed by the claimant, highlighting the infringement of fundamental rights such as equality and non-discrimination, social security, dignified life, legal certainty, and due process. The analysis covers the challenged administrative act, its lack of legal reasoning, and the restrictive and unconstitutional interpretation of the term “public servant.” The thesis advocates for the direct application of the Constitution, the pro persona principle, and the most favorable interpretation for rights holders, arguing that affirmative action measures like retirement compensation should not be limited by contractual modality. The study emphasizes the rulings from first and second instance courts, which confirmed the violation of rights and mandated comprehensive reparation, including economic compensation and guarantees of non-repetition. This case exemplifies the need for a more responsive and effective constitutional justice system to address structural discrimination.