Criterio de la Corte Constitucional del Ecuador, respecto de la competencia de la Jurisdicción Contencioso Administrativa en los juicios laborales entre el Estado y sus servidores.

Abstract

This essay, of an expository and critical nature, aims to analyze the criterion of the Constitutional Court of Ecuador regarding the jurisdiction of the Administrative Litigation Jurisdiction in labor trials between the State and its employees, with special emphasis on the rule established in judgment No. 2006-18-EP / 24, by which it is determined that: "the knowledge of labor conflicts between the State and its public servants corresponds, as a general rule, to the administrative litigation jurisdiction, unless the case refers to matters that notoriously or seriously compromise the dignity or autonomy of the employee, as in cases of evident discrimination, or in the extremely exceptional cases that require an urgent response due to the circumstances surrounding it." Through a qualitative approach, the aim is to establish whether the aforementioned rule constitutes a mandatory jurisprudential precedent for first and second instance judges. This research is relevant because the establishment of the rule in question, as the Constitutional Court is the highest body for constitutional interpretation, undoubtedly has an impact on the national legal system. Hundreds of protection actions have been filed nationwide over the past decade, primarily by public officials who, working under temporary service contracts or provisional appointments, have been dismissed from their positions; this could be seriously affected by the establishment of this rule. The study seeks to establish a correct interpretation of the ruling in order to avoid violations of constitutional rights by the administration of justice itself.