LIMITACIONES EN EL ORDENAMIENTO LABORAL ECUATORIANO SOBRE EL DERECHO DE LAS PERSONAS A IMPUGNAR LAS RESOLUCIONES ADMINISTRATIVAS DE VISTO BUENO

Abstract

The principle of double compliance allows individuals to appeal any administrative and/or judicial resolution that is adverse to them, as established in Art. 76, numeral 7, literal m, of the Constitution of the Republic of Ecuador. However, in labor matters, it is problematic that the approval resolutions issued by the labor inspectors cannot be challenged; even more so in view of the provisions of Art. 173 of the same Constitution, and the Organic Administrative Code in paragraph 1 of Article 217. Therefore, the purpose of this review is to demonstrate that the right to defense of individuals that is enshrined in the principle of double compliance exists by itself, even though the State has not established a procedure to exercise it legitimately. Although it is true that fundamental rights are not absolute, and therefore have limits which come from the Constitution of the Republic of Ecuador itself, or from the American Convention on Human Rights, through the inductive method and the qualitative technique of documentary review, it will be shown that there is no internal or external limit that prevents the exercise of the principle of double compliance in a legal and due manner in the case of the present investigation; that is, in labor matters, to appeal the resolutions of approval in administrative proceedings.