Responsabilidad Estatal y la esclavitud moderna: análisis del caso Furukawa

Abstract

Judgment 1072-21-JP/24 issued by the Constitutional Court of Ecuador reflects the practice of modern slavery through the figure of serfdom on the estates of Furukawa Plantaciones del Ecuador C.A., where abacaleros and tenants lived for five decades in inhumane and precarious conditions, with the prolonged lack of state action aggravating its practice and persistence, giving rise to a systematic violation of rights. The importance of the research lies in the need to actively implement effective control mechanisms and timely preventive measures to combat modern slavery practices, analyzing the role of the state in protecting the rights of individuals in a context of modern slavery. The research approach is qualitative, with the main methods being bibliographic-documentary, synthetic analysis, and case studies, as these allow for the analysis of the ruling. The techniques used are interviews with legal professionals specializing in constitutional law, with the tools being interview guides, analysis matrices, and analysis sheets. This allows for the collection of causes and effects of the legal problem, as it is immersed in the line of research on public policy, law, and society. In conclusion, the study highlights serious flaws and deficiencies in the role of the State as a guarantor of rights, due to the lack of coordination of actions between public institutions, for which reason it is recommended to strengthen and follow up on the comprehensive reparation ordered by the Court.