Effectiveness of the protection action against labor discrimination towards substitute workers: analysis of execution of constitutional judgments in Ecuador

Abstract

Introduction. The Protective Action is a mechanism within Ecuadorian legislation that seeks to guarantee constitutional rights in cases of violations due to acts or omissions by public authorities. This instrument is particularly important in the labor field when dealing with substitute workers who suffer discrimination, thus revealing the conflict between constitutional law and its effective application in institutional contexts. Objective. To analyze the effectiveness of the Protective Action as a constitutional guarantee for defending the labor rights of substitute workers through the analysis of the execution of judgments and their impacts on the application of protection for vulnerable groups. Methodology. Qualitative documentary-juridical and constitutional hermeneutic. Results. The analysis reveals that the Protection Action as a constitutional guarantee in Ecuador shows significant deficiencies in its implementation for substitute workers. Most constitutional judgments face non-compliance, highlighting a gap between formal protection and the effective realization of rights, a situation worsened by institutional lack of knowledge and the absence of effective post-judgment monitoring mechanisms. Conclusion. Ecuador needs to optimize the efficacy of the Protection Action through the implementation of a comprehensive system for monitoring judgments, specialization of magistracies, and interdisciplinary training of legal operators in workplace discrimination, essential elements for transforming the constitutional guarantees of substitute workers into mechanisms of effective substantive justice. Area of general study: Constitutional Law. Area of specific study: Jurisdictional Guarantees. Type of study: Bibliographic review and analysis of legal cases.