Compatibilidad constitucional de embargos salariales en procedimientos coactivos de entidades públicas.

Abstract

The coercive process is established as a legal mechanism with privileges that allows the fulfillment of obligations to public institutions operating within the substantive limits established in the Constitution of Ecuador, framing the protection of the dignity of the human being. The objective is to determine the constitutional compatibility of precautionary measures of attachment in coercive proceedings in bank accounts where labor remuneration is deposited. The methodology used a dogmatic, analytical and juridical approach that is based on the legal, jurisprudential and constitutional framework; as well as specialized guidelines both nationally and internationally. As a result, it was established that the Constitutional Compatibility Index is 0.68, indicating that the constitutional compatibility of the regime under study is dependent at the operational level, it does not guarantee at the structural level, which reinforces the hypothesis of the research by demonstrating that the main deficit is not in the recognition of the right at the constitutional level. but also, in the lack of rules to apply it uniformly and automatically. It is concluded that the index serves as integrated empirical evidence that proves the presence of a gap between formal constitutionalizing and real legal effectiveness. Finally, it is considered of high relevance both in practice and in theory since the legislative technique is a turning point in the risk of violation of constitutional rights, allowing it to be implicitly established that the regulatory mechanisms for efficient prior control are redesigned.