Estudio jurídico sobre la obligación de denunciar para los servidores públicos y las autoridades administrativas

Abstract

Dynamic rights are constantly changing and therefore respond to a very different reality than before. The work focuses on the administrative summary filed with the Director of the Specialized Disabilities Education Unit “El Oro” Mgs Rosario Pacheco Arévalo, for the failure to file a complaint in the case of harassment or harassment, a minor or a group of minors who They are under their responsibility, although the constitution of our country in a guaranteed constitution is true and the highest duty of being is to respect and enforce the rights of the constitution, and in this case there was a violation of the rights of the student VAAC, a girl with special abilities student of the Specialized Disabilities Education Unit "El Oro", where she was a victim of sexual harassment by a classmate, for not having a teacher to monitor their behavior during school hours, the responsibility fell to the director of the educational unit since she was the first instance heard about her case, arrived just when the event had happened and made the decision to resolve it internally, calling their parents to discuss what happened, not observing the procedures and the law, that in cases of harassment the victim cannot be cared for its alleged aggressor, the complaint was filed by the mother of least affected the lady. Carolina Castro Loarte which stated what happened to the District Department, reviewed the case and immediately detected the corresponding investigations informing the director that an administrative summary will be opened against her and that she will require the corresponding evidence to prove that she complied with the regulations and regulations, the evidence presented by the summary were testimonial and documentary, the testimonials were contradictory and the documentaries valid, it can be proved that the summary did not comply with the obligations as director and public servant, one of those obligations is to denounce contracts of harassment and ensure the integrity of minors. The District Conflict Board resolved: to dismiss from office for having failed to comply with the obligation to denounce that is stipulated in the intercultural education law. Noting the principal's decision, she appealed to that decision, stating that the article for which article 132 literal bb had sanctioned it, clearly states: public servants who comment on sexual harassment against students, and She has not committed any act against the students, who caused the harassment was a student himself, who were also violating his right to work. The Zonal Coordination 7 of the Ministry of Education resolves to reject the appeal filed by the appellant for improper and insufficient and confirms the sanction of the contested administrative act that is the dismissal of the Mgs Rosario Pacheco Arévalo teacher of the Specialized Disabilities Educational Unit “El Oro "