Control constitucional en los contratos de servicios ocasionales en el sector público previo a la modulación del artículo 58 de la LOSEP

Abstract

Abstract: This research analyzes the constitutional oversight of occasional service contracts in the Ecuadorian public sector prior to the modulation of Article 58 of the Organic Law on Public Service, focusing specifically on rulings No. 048-17-SEP/22 and No. 004-18-SEP-CC. The objective is to determine how case law defined the temporary nature of these contracts given the lack of job security and the need for protection against arbitrary decisions by public administration. A qualitative methodology is employed, incorporating documentary, legal-doctrinal, and jurisprudential analysis through a review of provisions in the Constitution, the Organic Law on Public Service, its General Regulations, specialized legal doctrine, and binding constitutional precedents. The study concludes that the occasional contract serves as an exceptional instrument for addressing temporary needs, demonstrating that the intent behind this contractual arrangement is not to meet the permanent staffing requirements of Ecuadorian state institutions. Consequently, the termination or non-renewal of such a contract does not constitute a violation of constitutional rights, as it does not confer job security; however, the legal framework mandates that public administration respect the temporary nature and purpose of these contracts using them only to address non-permanent needs as justified by state entities in strict adherence to the principles of legal certainty and equality, thereby preventing successive renewals intended to mask permanent activities.