CONFLICTOS DE INTERPRETACIÓN EN EL SISTEMA JURÍDICO ECUATORIANO: CASO LABORAL DE PERSONAS CON DISCAPACIDAD

Abstract

In legal practice, there have been cases of conflicts of interpretation, which can be explained by the sources of law, normative systems, the principle of interpretation, and proportionality. The objective was to analyze the existing legal contradiction based on the conflicts of interpretation of Judgment No. 2126-19-EP/24 of the Constitutional Court and Resolution No. 01-2025 of the National Court of Justice, in relation to the violation of labor rights of people with disabilities. A qualitative approach was used, along with descriptive and proactive research. According to paragraph 76 of Judgment 2126-19-EP/24, the subject of this study, for reinforced job stability to be fully effective, it is essential that the employer be aware of the worker's disability or substitute status. The National Court maintains that prior notification is not a mandatory requirement since the right arises directly from the law. It is concluded that this difference demonstrates that the Constitutional Court adopts a more formalistic approach, dependent on the employer's knowledge, while the National Court favors a more guarantee-based approach, recognizing the right regardless of notification. Alternative proposals are made for unifying jurisprudential criteria that strengthen the justice system.