The protection action against the violation of the work of public servants with provisional appointment

Abstract

Introduction.  The unilateral termination of the functions of public servants with provisional appointments, prior to the merit-based competitive examination, entails the violation of essential constitutional rights, such as the right to work, stability and legal certainty. Faced with these situations, those affected have resorted to the action for protection as a jurisdictional means of defending their rights. The purpose of this study is to analyze the vulnerability of the rights to work, stability, and legal security in public servants with provisional appointments, as well as to explore the action for protection as a suitable and effective jurisdictional guarantee for their protection and redress in cases of violation. Objective. The purpose of this study is to analyze the vulnerability of the constitutional rights to work, stability, and legal security in public servants with provisional appointments. It also seeks to explore the action of protection as a suitable and effective jurisdictional guarantee to protect and repair such rights in situations of violation. Methodology. Inductive-deductive and legal dogmatic methods were used with a qualitative approach. Constitutional and legal norms, doctrine, publications, and cases related to the topic were analyzed. An exhaustive review of relevant information was carried out to understand the nature and scope of the vulnerability of the rights involved and the viability of the protection action as a means of defense. Results. The research revealed that the violation of essential rights contemplated in the 2008 Constitution of the Republic of Ecuador is a significant concern. These rights are designed to generate employment, boost the economy, ensure job stability, health, safety and education of citizens. The unilateral termination of functions of public servants with provisional appointment before the merit and competitive examination, is detrimental to these fundamental principles. Conclusion.  The analysis carried out shows that the unilateral termination of the functions of public servants with provisional appointments undermines the rights to work, stability and legal security. The action for protection is positioned as an essential jurisdictional tool to safeguard these violated rights. It is necessary to consider more effective protection mechanisms and guarantees to prevent these violations and ensure the full exercise of the fundamental rights of public servants in Ecuador.