DERÓGUESE EL ARTÍCULO 244 DEL CÓDIGO ORGÁNICO INTEGRAL PENAL, RESPECTO DE LA FALTA DE AFILIACIÓN DEL TRABAJADOR AL INSTITUTO ECUATORIANO DE SEGURIDAD SOCIAL
These Thesis is a study, from the law point of view, in case an employer, who didn’t pay the Social Security fees of his employees, have to go to jail and that means a violation of the constitutional rights of the employer. This is an issue, related with the “Principle of Especiality”, as well as “C...
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| 格式: | bachelorThesis |
| 语言: | spa |
| 出版: |
2016
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| 主题: | |
| 在线阅读: | http://dspace.unl.edu.ec/jspui/handle/123456789/11332 |
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添加标签 | 总结: | These Thesis is a study, from the law point of view, in case an employer, who didn’t pay the Social Security fees of his employees, have to go to jail and that means a violation of the constitutional rights of the employer. This is an issue, related with the “Principle of Especiality”, as well as “Constitution supremacy”, showing incongruity with the Ecuador Constitution in the article number 1 that states: “Ecuador is a Constitutional State based in rights and Justice", this means, a direct application to make that rights works. Analizing the article 244, into the “Código Integral Penal”, (Penal Ecuador Codification), in the part related to the lack of afiliation to the Social Security, part number 2 shows: the employer who don´t affiliate the employees into de Social Security System” will be put in prison. This shows an State using the IUS PUNIENDI (using his righ to punish) in contradiction to the Constitution article that clearly say into the rights and freedoms recognized and guarantee to the Ecuadorians in the article 66, part 29 letter c) “Que ninguna persona pueda ser privada de su libertad por deudas, costas, multas, tributos, ni otras obligaciones, excepto el caso de pensiones alimenticias”. “That no person shall be deprived of his liberty for debt, fines, taxes or any other obligation, except in the case of paternity”. This being relevant to the effective implementation of the constitutional provision positive rule. 6 The excessive punishment to the employer, from the Ecuadorian Government, throutgh sanctions, not have relation with the weighing of the case and affects fundamental rights like the right to freedom. Another important aspect to consider is: If the IUS PUNIENDI is used in the most strong way, the rights of the employee are also broken, because, the employer in order to avoid any punishment, will not hire employees and an economical effect is the first one to be noticed. So, to apply the law will be impossible and ineffective. This investigation analyzes this problem in a deep way and introduces an important point of view from the legal point of view. |
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