La esclavitud moderna en el contexto laboral ecuatoriano: análisis jurídico y repercusiones en los derechos humanos a la luz de jurisprudencia de la Corte Constitucional

Abstract

Abstract: Far from being a historical relic, the figure of adscriptitius glebae re-emerges in the constitutional state as a legal shadow that erodes human dignity. This feudal servitude persists in contemporary forms through economic and psychological coercion, such as unpayable debts and document confiscation. The international system, such as the UN Human Rights Committee and the InterAmerican Court of Human Rights (Hacienda Brasil Verde and Lagos del Campo cases), has established that these practices violate jus cogens and requires States to prevent and punish them. Ecuadorian jurisprudence (judgments 2561-16-EP/21, 20-20-IN/25, and 1072-21-JP/24) rigorously applies standards, identifying these practices as a denial of decent work and access to justice. However, it is noted that these seemingly neutral formalities, such as the differentiated workday, can conceal regressions of rights. Overcoming this nexus between colonialism and capitalism requires comprehensive reparations, preventive policies, and a constitutional hermeneutics committed to human dignity.