La aplicación del principio de supremacía constitucional en los juicios laborales de la Armada del Ecuador.

Abstract

This research was aimed at analyzing the application of the Principle of Constitutional Supremacy in labor lawsuits of the Ecuadorian Navy, considering the doctrine related to this principle, as well as determining the scope of the Principle of Legal Security and the order of priority of constitutional rights in Ecuador. When the Organic Law on Civil Service and Administrative Care was in force, LOSCCA, within the public sector, the civilian personnel of the Ecuadorian Navy continued within the legal framework of the Internal Regulations for Civil Employees; but in 2010 with the promulgation of the Organic Law of Public Service, LOSEP, the Ministry of Labor Relations at that time, now called the Ministry of Labor, observing that civilian personnel with manual and intellectual functions were not within an instrument relevant legal system, issued Resolution No. MRL-2011-000072, issued in March 2011, which qualified the workers covered by the Labor Code in force and the servants subject to the LOSEP, of the Ministry of National Defense, placing the staff under the legal status according to their job functions. In order for this situation to be defined and eventually not affect the interests of the National Navy, considering that it is a public institution, it is proposed that the Constitutional Court be consulted, as the highest interpreter of the Magna Carta, in order to issue a pronouncement that resolve this problem raised, in relation to constitutional supremacy and the affectation of the principle of legal security, in labor lawsuits in which the rights of the Ecuadorian Navy are immersed.