Análisis de la sentencia 2006-18EP/24 de la Corte Constitucional sobre las posibles afectaciones a las y los servidores públicos en el ámbito laboral y sus derechos constitucionales

Abstract

Ecuador, as a Constitutional State, must guarantee the enjoyment of rights and effective justice for all its citizens. In this framework, the Constitutional Court, through ruling 2006-18- EP/24 of March 13, 2024, established a precedent that limits judicial review of labor conflicts between the State and its public servants through protective actions. This exceptional rule allows judges to dismiss these actions when they are administrative acts related to specific labor disputes, prioritizing other resolution mechanisms provided for in the legal system. The general objective was to analyze, in a critical and legal manner, the role of the judicial entity in resolving challenges to administrative acts related to labor conflicts between the State and its public servants. It was concluded that the termination of the provisional appointment of a pregnant worker constitutes a violation of her fundamental rights, underlining the reinforced protection of maternity established in the Constitution. The ruling ordered comprehensive reparation that includes economic compensation, public apologies and measures of non- repetition, with the aim of guaranteeing justice and preventing future violations. This ruling will limit the use of protection action in labor disputes related to occasional contracts and provisional appointments, directing these cases to the contentious-administrative jurisdiction