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Recent Submissions
LÍMITES PARA LA APLICACIÓN DE LA CLÁUSULA DE NON-COMPETITTION AGREEMENTS IN RELATION TO LABOR LAW
(2023-07)
Post-contractual non-competition clauses are currently a significant element in labor and commercial contracts, as they seek to protect the legitimate interests of the parties involved after the termination of a contractual relationship. This academic work focuses on analyzing the legal nature of these clauses, as well as their practical implications for those involved. The article begins with a review of current legislation and doctrine, which allows identifying the legal foundations that underpin the validity and application of post-contractual non-competition clauses. Furthermore, it examines how such clauses can vary in terms of duration, timing, and geographic scope, taking into consideration the need to balance the employer's rights with the protection of fair competition and the employee's labor rights. Additionally, it explores the importance of drafting these provisions clearly and precisely to avoid ambiguities and legal conflicts, such as the potential violation of constitutional rights. The work concludes by emphasizing the need for a balanced approach in the inclusion of post-contractual non-competition clauses in contracts, considering the legitimate interests of both parties and the limitations imposed by the law. It highlights the importance of seeking personalized and flexible solutions that protect intangible assets of companies without unduly harming employment opportunities and professional development for employees.
DIVULGACIÓN DE LA DECLARACIÓN PATRIMONIAL DEL CONTRIBUYENTE COMO RESTRICCIÓN AL DERECHO DE PROTECCIÓN DE SUS DATOS PERSONALES EN ECUADOR
(2023-04) MARLON ANDRÉS CAMPI RIVERA; JUAN ALBERTO LLERENA GARCÍA
The objective of this study is to analyze measures aimed at protecting data and ensuring the legal security of taxpayers in relation to asset declaration. The central issue revolves around reconciling the legitimate interest of the State in obtaining accurate information for tax control with taxpayers' right to privacy and legal security in the process of disclosing information on assets and liabilities. The adopted methodological approach is rationalist, allowing for a systematic and objective analysis of the problem using the inductive method. Qualitative techniques of bibliographic review have been employed to gather relevant information from various academic and legal sources. The main results obtained highlight the need to establish a balance between tax transparency and the protection of personal data. Likewise, it is evident that there is a need for clear and updated legislation that establishes the rights and obligations of both parties and defines the limits of disclosure of asset information. This study emphasizes the importance of balancing the interests at stake to ensure a fair and effective tax system while safeguarding the privacy and legal security of taxpayer citizens.
El principio de confianza legítima y el derecho fundamental a la buena administración pública en el Ecuador.
(2023-04-23) Khristie Melissa Vera Guachambo; Daniela Elizabeth Freire Abad
The present work was developed under the investigative and descriptive method in relation to the principle of legitimate expectations and the right of good public administration in Ecuador; starting from the generic review of good public administration as a concept, and its transit to be conceived as a fundamental right; a trend that stars from Europe and that took root in Latin America, where our country is located. Within the framework of this study, the various elements that make up the right to good public administration in Ecuador were examined, paying special attention to the principle of legitimate expectations, as a conductor to its configuration; in terms of the contribution that means the use of criteria of certainty and predictability in the various administrative actions of the public sector, resulting in strengthening the citizen's perception of compliance with the right to good public administration. In the interim of the investigation, it was observed that, despite the relevance of the right to good public administration -with the category of fundamental right-, there is no formal delimitation of its scope in the country; and from this it is derived that in Ecuador its enforceability by the citizens is not popular; since jurisdictional guarantees are not activated for the direct protection of this fundamental right to good public administration and therefore, to protect its effective enforcement.
ANÁLISIS DE LA ESTRUCTURA NORMATIVA DE LOS DERECHOS FUNDAMENTALES COMO MANDATOS DE OPTIMIZACIÓN Y SU INCIDENCIA EN LA SUPREMACÍA JUDICIAL A TRAVÉS DE LA JURISPRUDENCIA DE LA CORTE CONSTITUCIONAL DEL ECUADOR ENTRE 2015 - 2020
(2023-12) JOSÉ LUIS MONAR HOYOS; OSMAC STEVEN CARVAJAL CUEVA
Positive rights that require the state to take action are often criticized because they give rise to a problem of justiciability: courts, rather than democratic legislatures, decide on their scope and content. This paper argues that this democratic objection against positive
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rights is wrong. The control of constitutionality admits degrees. The conflict between the powers of the legislature and the courts can be resolved through a balancing exercise whose relevant aspects are analyzed in this research. The balanced constitutionality control model is explained later with a case analysis that is based on the right to a decent minimum subsistence.
It is widely accepted that any attempt to limit the positive dimension of rights to certain types or categories of rights is futile. Rather, literally all rights can impose negative consequences as well as positive obligations on the authorities. Thus, status positivus in the sense of the German scholar Georg Jellinek potentially has very wide applicability. The positive dimension of rights is discussed mainly with respect to socioeconomic or social rights such as education, health, housing, water. However, the positive dimension is by no means limited to social rights. All the classical liberal rights of the first generation of rights can have a positive dimension, while social and socioeconomic rights also protect a negativus status. It follows that liberal rights cannot be distinguished from socioeconomic rights in the positive-negative dichotomy. This is why this research uses the term 'positive law' in a way that encompasses the positive dimension of rights, no matter what generation the law comes from.
ANÁLISIS DE LA DEMOCRACIA CONSTITUCIONAL Y SU RELACIÓN CON EL CONTROL CONCENTRADO DE CONSTITUCIONALIDAD EN EL ECUADOR
(2023-05) Bryan Emilio Paz Coloma; Yomira Elizabeth Paz Zamora
The purpose of this paper is to analyze constitutional control and its relationship with constitutional democracy, since these concepts converge in a mutual assistance for their existence and the tensions and challenges that trigger their lack of consensus and clarity about the relationship between these two elements and their impact on the functioning of the democratic system. The research has a qualitative approach, in which a deductive method will be applied, due to the fact that, through a logical reasoning, various concepts, political, jurisdictional and constitutionalism are approached together with their relevance of the precedent and its effects. The constitutional State of rights that is Ecuador demands a review and adaptation of its control organs to achieve ideals of justice, equality and freedom. However, the scope of this control body has been constantly questioned and reviewed by the legal, political and doctrinal spheres, thus the object of research focuses on analyzing the constitutional control body of Ecuador, its scope, and the close relationship with the democracy that founds the self-styled State in the conditions of the Constitution.