Legal Nature of the Public Servant of Popular Election in Ecuador: The Case of Verónica Abad

Abstract

The analysis of the legal nature of public servants in Ecuador, with a focus on popularly elected authorities, helps clarify the limits and rights that govern their roles. The significance of the case lies in the need for a rigorous interpretation of these principles, avoiding distortions that could undermine institutional stability and the legitimate exercise of power. Using an interpretive and analytical approach, the study explores the doctrinal-functional perspective of those who exercise public functions, as well as relevant constitutional and international provisions, and assesses the appropriateness of applying general public administration regulations to elected officials, through the case of Verónica Abad. The findings reveal that her suspension through an administrative resolution lacks legal validity and jurisdiction, contrasting with constitutionally established mechanisms such as impeachment and recall referendum. Although the applicable legislation unifies the concept of public servant, elected authorities require differentiated treatment. Ordinary administrative procedures cannot be indiscriminately applied to these actors, as such causes are not recognized as grounds for removal or temporary absence from office. The study concludes that the indiscriminate application of sanctions outside the constitutional framework undermines legal certainty and due process, calling for an interpretation that respects the nature and purpose of the law without distorting it for convenience.

Keywords: Public servants, Organic Law of Public Service, Verónica Abad, Popular election, Natural judge, legal framework