Violación del debido proceso en la sustanciación de sumarios administrativos a los docentes amparados en la Ley Orgánica de Educación Intercultural.

Abstract

The focus of this research work is focused on the study of the administrative summary as a legal institution to sanction teachers, according to what is established by the Organic Law of Intercultural Education and its General Regulations, as well as to identify the current legal regulations that Allow the application of constitutional rights and principles in said procedure, such as due process, right to defense, legal certainty, in order to guarantee the basic guarantees of due process. The methodology has a qualitative approach, with a non-experimental category, which allowed an analysis of the theoretical, doctrinal, normative and jurisprudential assumptions, on the basic guarantees of due process established in the Constitution of the Republic of Ecuador; for which the survey technique was applied, obtaining satisfactory results, since effectively the procedure to be followed in the substantiation of the summary processes to the teachers, does not comply with the obedience of the basic guarantees of due process, whose consequences bring achieve the violation of the constitutional rights of teachers. Therefore, it is proposed to prepare a preliminary draft of the Reformatory Law to the Organic Law of Intercultural Education, in order to establish a procedure for an adequate substance of the summary processes for teachers, which must be specific and uniform, respecting the basic guarantees of due process.