Análisis jurídico de la Constitucionalidad del artículo 47, letra k de la Ley Orgánica del servicio público en concordancia con el artículo 108 del Reglamento a la misma ley, introducido por el Decreto Ejecutivo 813, relacionado con la cesación de funciones por compra de renuncia obligatoria con indemnización

Abstract

Under the 8th Article of the Executive Order number 813, published July 12th, 2011 on the Official Registry 489, all Government Institutions downsized their staff on several departments. This action led the people into thinking that the 8th Article was unconstitutional and contradicted basic principles contemplated both in the Constitution and international norms. Several former employees started a legal constitutional process in order to regain their jobs under the allegation of unconstitutional actions and lack of planning and evaluation of such actions. The Constitutional Court determined that the actions were contemplated within the law and the Ecuadorian Constitution, leaving the legal process in hands of District Courts. This sentence by the Constitutional Court, deserves further analyzes due to its importance and as part of the academic needs of Law students’ education. A thorough analyzes will improve the students’ knowledge of Ecuador’s law. In this research, the student performed an analysis of the mentioned articles as well as of the fact and right foundation presented to the Ecuadorian State and to the defense.