Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: This paper analyzes a protective action filed by a public servant with a hearing disability, who was dismissed from his temporary position in a public institution, despite the constitutional and legal provisions that guarantee his job security. The thesis studies the interpretation of Article 58 of the Organic Law of Public Service (LOSEP), as modified by the Constitutional Court, as well as the non-compliance with internal guidelines issued by the employing entity itself. Through the EL SER method, the legal reasons that underpinned the judge's decision to grant the action and order the restitution of rights are identified. The work demonstrates how the direct application of the constitutional framework guarantees respect for the right to work, due process, and legal security for people in vulnerable situations. This study contributes to strengthening the use of jurisdictional guarantees as effective mechanisms for the protection of fundamental rights in Ecuador.