The lack of IESS affiliation as a criminal action in Ecuador

Abstract

Introduction. Social security in Ecuador is a fundamental pillar in the stability of labor, social and economic relations of the population; so, this study addresses the notions and protection that surrounds social security, which allows us to understand the importance of being categorized as a human right. In this context, the scope and current situation of the provision of this right in Ecuador is analyzed, as well as the complexity or need to involve criminal law in the absence of affiliation to Ecuadorian social insurance. Objective. Identify the advantages and disadvantages of criminal intervention and alternatives, to make them efficient and seek to protect the right to social security, and in turn be less harmful to other rights considering the principle of minimum intervention of criminal law. Methodology. The method applied is the legal investigation of doctrine, legal principles, historical events, national research works treated and normative that allow to obtain relevant information and sufficient notions on the subject to reach a reflection of the author. Results. Among the results obtained by applying the research methodology, it is shown that there is a clash of constitutional rights and principles when it comes to weighing the principle of ultima ratio of criminal law against the right to social security. Conclusion. It was concluded that there are alternative methods or tools to the use of criminal law in the face of non-affiliation to the IESS, as is the case with the administrative sanctions of the Organic Administrative Code.