La Corte Constitucional del Ecuador: El "levantamiento del velo societario" como medio de cobro por parte de Instituciones del Estado en aplicación a la Ley Orgánica para la Defensa de los Derechos Laborales

Abstract

This article analyses the decision taken by the Constitutional Court of Ecuador against the public action of unconstitutionality on the form and substance of articles 1 and 2 of the Organic Law for the Defense of Labor Rights, which authorizes the State institutions that by law have coercive jurisdiction, in order to make effective the collection of their debts, they can exercise their action subsidiarily not only against the principal, but against all those obligated by law, and in the case of legal persons, they can carry out the so-called "lifting of the corporate veil ”, being able to reach the last level of ownership, which will always fall on natural persons. It was declared by the constitutional control institution that articles 1 and 2 of the aforementioned Law they do not have the vices of unconstitutionality by the form; and, that article 2 of the aforementioned Law does not have defects of unconstitutionality on the merits. However, it was declared that Article 1 contains a “conditional constitutionality”, which must obey certain specific interpretations that will be subject to analysis in this essay, and that manage to attract attention, since the decision taken by the Court is based on international Law and Ecuadorian jurisprudence.