Análisis de la sentencia constitucional 2006-18-EP/24: la gravedad del daño para admitir una acción de protección por despido laboral del sector público

Abstract

This paper refers to the access to the constitutional remedies, specifically the action for protection in the case of labor conflicts between the State and the public servants, especially in labor dismissal of public servants, analyzing what is the severity of the damage, concepts, normative foundations, scope, limitations and legal effects caused, how this new ruling affects people and what are the parameters or how to quantify that there is a serious damage. By analyzing the Ruling 2006-18-EP/24 issued by the Constitutional Court, it can be determined how the lack of clear parameters on the severity of the damage, sufficient to admit an action for protection for dismissal in the public service, can cause violations of rights and affect people who actually need access to constitutional remedies. This analysis concludes that the severity of the damage on the basis of which an action for protection proposed by public servants for dismissal is accepted is a subjective issue and that there are no necessary criteria or parameters to establish the severity of the damage to the dignity and autonomy of the servant, on the basis that what a servant may considered to be a serious damage to his dignity, a judge may determine that it is not and reject the action for protection. Therefore, this work emphasizes the need to establish parameters or minimum standards for the determination of the severity of the damage to the dignity and autonomy of the public servant.