Análisis de la constitucionalidad de la normativa expedida para combatir la crisis sanitaria derivada del COVID-19 y su afectación a los derechos de los microempresarios.

Abstract

This Study begins by describing generalities about the reality of microenterprises in Ecuador, the Institutions and norms issued that regulate them, the dogmatic basis for establishing the differences between Principles and rules, and the analysis of the elements of the rights to legal security and to work. It will be analyzed whether the regulations issued to combat the COVID-19 health crisis complied with the characteristics contained in international human rights instruments, the Constitution and the jurisprudential opinions of the Constitutional Court; and, it will reflect on the role of the State to guarantee the fullness and development of these rights in microentrepreneurs. Subsequently, through in-depth interviews, the impact of the regulations issued on the reality of entrepreneurs will be investigated, if these laws really helped the continuity of their microenterprises and promoted the reactivation of their activities, if the Humanitarian Support Law provided the mechanisms to combat the crisis caused by the pandemic or, if the legal framework instituted, was as aggressive as the pandemic itself and its aftermath became difficult obstacles to overcome even today.