Los Contratos Ocasionales y/o Nombramientos Provisionales en las Instituciones Publicas Vulneran el Derecho Constitucional de Igualdad en los Concursos de Méritos y Oposición

In the present research paper, "OCCASIONAL CONTRACTS AND / OR PROVISIONAL APPOINTMENTS IN PUBLIC INSTITUTIONS VIOLATE THE CONSTITUTIONAL RIGHT TO EQUALITY IN MERIT AND OPPOSITION CONTESTS." I was able to carry out a doctrinal, normative study demonstrating that the Ecuadorian State guarantees the applicants to enter a public office in a transparent, objective and impartial manner, since the competitions are carried out through a planning process as long as there is the budget line and the authorization by the administration of each institution. The contest of merits and opposition is the consequence of human talent planning and should be structured according to the needs and technical and financial capacity of the entity, at all times guaranteeing the criteria of equal treatment without any discrimination of duties and rights of the applicants. However, it is currently observed how these processes specifically in merit and opposition contests are carried out illegally since the right of the participants is not respected or guaranteed, there being inequality when designating the winner of the contest, either by kinship , by political affinity or by the current eleventh transitory provision that benefits only the applicants who already work within the public 6 institution by granting them a preferential score in the results of the competitions, no control is observed in the personnel selection processes of the institutions, violating the rights of the applicants at the time in which the position must be designated according to the qualification obtained by the petitioners, giving priority to persons outside the process and sometimes with the intention of receiving a profit for the vacancy. That is why I have made an exhaustive analysis regarding the contest of merits and opposition taking into account the Ecuadorian legislation such as the Constitution of the Republic of Ecuador, the Organic Law of Public Service, the Regulation to the Organic Law of the Public Service and the current transitory disposition eleventh to the Organic Law of the Public Service this provision has been a very strong point of contradiction for the other laws which protect and guarantee equality, inclusion in matters of public interest, likewise a theoretical analysis was made starting from the books of public administration of Efraín Pérez, Guillermo Cabanellas dictionary ending with some internet pages which were the guide for the development of this research in which it aims to establish general guidelines regarding the different phases of the process that entails the contest, as well as publicizing appearance s relevant to the valuation and respective score, therefore the suitability of the stakeholders must be evaluated, guaranteeing transparency, equality and free access to the applicants, to qualify for a public position qualifying with objective parameters and in no case, the nominating authorities should intervene in direct, 7 subjective way or make use of discretionary mechanisms since this type of irregularities automatically cause the applicant to be out of staff selection It is necessary; to ensure that constitutionally guaranteed in the competitions of merit and opposition, to end without effect the transitory provision eleventh to the Organic Law of the Public Service so that there is equality of conditions between applicants who are within the public sector and new professionals through citizen participation, so that, in this way, applicants who are opting for a public office can enter without violating their rights, thus benefiting all staff willing to hold public office and giving credibility, transparency and legality to the processes of merit and opposition contests.

• Главный автор: Barriga Asanza, Carlos Xavier (author)
• Формат: bachelorThesis
• Язык: spa
• Опубликовано: 2018
• Предметы: DERECHO; CONTRATOS OCASIONALES; NOMBRAMIENTOS; MÉRITOS
• Online-ссылка: http://dspace.unl.edu.ec/jspui/handle/123456789/21456