Estatura mínima para ingresar a la carrera policial, frente al derecho de igualdad y no discriminación según la jurisprudencia ecuatoriana

Abstract

Abstract: This academic work analyzes the minimum height requirement for entry into the police career, in relation to the right to equality and non-discrimination, in accordance with the jurisprudence of the Constitutional Court of Ecuador. The research addresses Judgment No. 1043-18-JP and accumulated/21, and Judgment No. 72-20-IN/23, focusing on the analysis of how the Court, in a majority vote, reached the conclusion that the requirement of a minimum height for applicants to the National Police for operational functions does not constitute a violation of the rights to equality and non-discrimination, establishing the constitutionality of Article 35.3 of the Regulations, which requires applicants to comply with a certain height. For this purpose, a qualitative methodology based on the documentary analysis of the judgments that the Court has used to resolve the case at hand has been used. The study synthesizes the Court's analysis with reinforcements of doctrinal and institutional concepts that support its analysis and decision. The findings underscore that the constitutional mission granted to the National Police is a legitimate purpose for the differential treatment of applicants for entry into the police force.