Acciones legales de la mujer embarazada cuando ha sido removida de su cargo de libre nombramiento y remoción

Abstract

Abstract: It proposes actions in the defense of women when they have been removed from their position of pregnancy free appointment and removal, through the analysis of the Constitution that establishes that all people are equal and will enjoy the same rights and opportunities without discrimination and other laws that recognize and operate the labor rights of pregnant women. The actions proposed are: i) Contentious Administrative Appeal: by means of which it is intended to declare the nullity of the administrative act, when the decision of the body was not issued with the motivation established by law; ii) Protection Action: used to declare the unconstitutionality of the issued resolution, when the constitutional rights of job stability and protection of the pregnant woman have been violated; and, iii) Extraordinary Protection Action: its objective is the protection of constitutional rights and due process in resolutions with the force of judgment, in which rights recognized in the Constitution have been violated by action or omission. Finally, it proposes to introduce in the COFJ and the LOSP, an express norm of protection for these cases.