VULNERACIÓN AL PRINCIPIO CONSTITUCIONAL A LA IGUALDAD EN LA GARANTÍA DE DERECHOS DE EMPLEADOS DEL SECTOR PÚBLICO Y PRIVADO

Abstract

With the present review, starting from the Constitution of the Republic of Ecuador, a distinction is made between the right to a formal, material equality and the duty not to discriminate against anyone, on grounds of sex, religion, social class or situation, natural or acquired, what is not relevant in the moment of recognizing personal merits. It is complex to achieve harmonization of respect for constitutional rights and the effective exercise of rights, without having to claim them through legal actions; for example, before the situation that arises after the disengagement of a worker from the public sector who is not paid his outstanding assets and there is no precautionary or enforcement measure that could affect public sector assets, since legally they are unattachable. It is important that the worker is not affected in their rights, such as the right to equality, by the employer State because it is guaranteed for the benefit of employees. Likewise, the principle of equality is related to the inherent nature of the human being, which is its dignity, and since it is consecrated as a constitutional contribution of Ecuador, there is a sense of dignity that is related to international law in reference to human rights. It is aligned with the other existing rights cards, transmitting to the constitutions of other independent countries, including those of Latin America. This work was carried out from a rationalist approach, using qualitative techniques to develop argumentation through induction.