Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.CONFLICTOS NORMATIVOS

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    Constitucionalidad de los acuerdos suscritos entre trabajador y empleador durante la emergencia sanitaria conforme a la jerarquía normativa
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-05) Torres Coque, Paulina Lisbeth; Masabanda Analuiza, Galo Iván
    The global health crisis caused by Covid-19 had a huge impact on the development of social-economic activities, in Ecuador a state of exception was decreed on March 16, 2020. This produced legal conflicts related to Labor Law and to mitigate this problem, a emerging regulations such as: the Organic Law of Humanitarian Support (LOAH), which until now generates serious legal controversies, due to the application of agreements between workers and employers, which intends to support the "sustainability of employment", but generates the question: agreements entered into between workers and employers during the Covid-19 pandemic, which modify wages and working hours overlap and violate constitutional principles and rights such as inalienability and fair remuneration? In this regard, this research is significant due to the doctrinal, jurisprudential and legal analytical approach on the topics: normative hierarchy and signing of agreements, which set new salaries, suspend or reduce the working day, in addition to verifying compliance with the Ecuadorian constitutional order regarding rights, principles and guarantees. The theme corresponds to the line of research: public policies, law and society; For this reason, a descriptive study is carried out, using the qualitative-quantitative methodology, which begins by collecting information synthesized by reading secondary sources and is complemented by the application of surveys. Thus, as a primary result, the confirmation of the violation of fundamental rights produced by the conclusion of agreements between workers and employers is obtained. Therefore, the repeal of the LOAH is proposed, which fails to observe the constitutional and international regulations regarding worker rights.
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    El principio de aplicación directa de la constitución y el Control concreto de constitucionalidad en el Ecuador
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Cáceres Sánchez, Nelly Natalia; Vargas Villacrés, Borman Renán
    Ecuador is considered a democratic state of rights and justice; From the separation of the Spanish crown to the present day it has undergone continuous structural and organizational changes. The neo-constitutionalist current generated a substantial transformation with which it has allowed the recognition of rights and guarantees of different kinds. In the development of this investigative work several aspects are approached; starting with the recognition of rights, which are considered justiciable and are in the same normative hierarchy. Likewise, it is established that when the rights are violated, there are different jurisdictional guarantees, which become tools that allow the recognition of the established rights in the constitutional way. And finally, the issue of constitutional principles is addressed, as a link for the validation of rights through guarantees. By referring to principles, the constitutional power of direct application of the supreme norm arises. However, this provision contains some variations as can be verified in the development of the text. Consequently, the same Constitution establishes concrete control, which is a power of the Constitutional Court to guarantee regulatory compatibility within the legal system. As this possible confrontation exists within the constitutional text, a great question arises that seeks to analyze and understand. Although, the Constitution can be applied directly; in case of reasonable doubt, the judges have the power to refer the rule to consultation; Furthermore, when the non-judicial public servant is faced with a regulatory conflict, a major question arises, which is intended to be analyzed in the course of this project.