La acción de protección en los procesos de reclasificación salarial en el Ministerio de Salud Pública.

Abstract

Abstract: This academic study examines the admissibility of the *acción de protección* (constitutional protection action) regarding the Ministry of Public Health s processes for job reclassification, salary harmonization, and salary regularization, adopting constitutional, administrative, and jurisprudential perspectives. The analysis focuses on the nature of job classification, remuneration scales, institutional manuals, and budgetary availability, as well as the protection of rights such as equality, the right to work, fair remuneration, legal certainty, due process, and the requirement for reasoned decisions. It analyzes the nature of the protection action and its inadmissibility when filed as a substitute for contentious-administrative proceedings; however, it notes that this does not render the action ineffective when there is evidence of a concrete, current, or ongoing constitutional violation caused by institutional omissions, acts of discrimination, formal or substantive inequality, or differential treatment. The research employs qualitative, documentary, legal-dogmatic, systematic, and jurisprudential methodologies reviewing regulations, legal doctrine, and rulings from the country's principal courts and concludes that the effectiveness of the protection action must be limited to exceptional, justified, and proportionate circumstances that allow for the full reparation of violated rights, thereby avoiding the distortion of the action's purpose by attempting to replace the technical structure and inherent competencies of the public service regarding human resources management.