bachelorThesis
El derecho al trabajo autónomo en el espacio público y su regulación por parte del GAD municipal del cantón Cuenca
Fecha
2017Autor
Ordóñez Vinueza, Diana Katherine
Institución
Resumen
The Constitution of Ecuador acknowledge work as right and social duty, it recognize all the working methods, either dependency relationship or autonomous work; article 329, subsection 2 recognizes and protects autonomous work and self-employment in public spaces allowed by law and other regulations.
On the other hand the same Constitution, Organic Code of Territorial Organization and other legal bodies establish legal power of Municipalities. Corresponds to the Municipality exercise control over the use and occupation of land in the canton.
In this legal context its evident the tension of work right and regulations to the same that are legal power of municipalities. ¿How free are citizens to use public space as autonomous work? ¿Can municipalities forbid autonomous workers the use of the public space?.
This legal fundamentals makes it clear, that autonomous work in public space is acknowledge by the Constitution and that municipalities are the administrative instance to control the use and occupation of the land, and they must regulated it.
This investigation is important because the limits of the municipalities to regulate the use in the public space are not clear, this is the focus of the research in precaution not to affect the essential content of the right to autonomous work.