Estudio jurídico y dogmático de los casos de discriminación cometidos por funcionarios públicos en el Ecuador

Abstract

Rights are dynamic, are constantly changing and therefore respond to a very different reality than before. This work focuses on discrimination and, as a consequence, the right to full reparation, a right that, prior to the 2008 Constitution, was only ideal for people focused on the protection of rights, but who , with the passage of time and context, the positive as a rule in the Constitution Guarantee from 2008, which is called guarantee because it imposes that the highest duty of the State is to respect and enforce the rights of people and it does so through jurisdictional guarantees that serve as suitable means for the protection of rights, but these not only remain there but also include the repair of violations. Thus, this legal investigation was born with the case of the violation of the right to non-discrimination and equality, which was violated by a public servant (military), expressing words of discrimination towards one of his subordinates. A protection action is proposed that is denied in the first instance. In the second instance, the Provincial Court declares the application, but does not accept all the measures of integral reparation that the plaintiff requests, and at the same time does not motivate its refusal. The sentence declares the violation of the right, and in the present work it is analyzed if the behavior of the public servant constitutes a crime and if in fact it needs to enter the sphere of the Criminal Law. Leaving aside the previous lines, the object of this research work is to analyze whether the measures of integral reparation taken by the judge were sufficient to amend the violated right; within this general objective, specific objectives are established that concluded that the judge of the second instance does not make a greater analysis of the reparation measures imposed by the plaintiff and does not substantiate his refusal not to adopt all the requested measures. As well as it is analyzed that the behavior of the public servant is or not constituting a crime, but that, applying the principles of criminal law for the lesividad of the damage, this would not be activated. This being so, this research is the product of a very arduous academic effort, which the reader will be able to notice in the later pages since all the information contained within it is supported by biographical sources of great relevance as well as scientific articles that they give the endorsement of a serious work, since this same one did it applying method of legal investigation, like the analytical, historical, synthetic method among other methods that were necessary to be able to realize it. The aim of this work is also to transmit that enthusiasm for which the authors were infected at the time of doing our research and, in this way, to be able to demonstrate the importance of the right of integral reparation enshrined in our 2008 Constitution.