"Efectos juridicos generados en los nombramientos otorgados a profesionales de la salud en epoca de pandemia, a partir de la declaratoria de inconstitucionalidad del articulo 25 de la ley de apoyo humanitario. "

Abstract

The proclamation of the unconstitutionality of Article 25 of the so-called Humanitarian Support Law triggered several complaints from healthcare workers who claimed that their rights and concerns had been threatened by the legal effects stated in the resolution since it stated that every designation granted prior to the emission of the above-mentioned law had an entire presumption of constitutionality and, therefore, was completely legal and valid. Evidently, this affected the right to equality and non-discrimination of those who, not having served during the pandemic, were excluded from receiving a position in public service. The fact that is the main issue of this research is aimed at determining whether or not the final designations granted omitting the merit-based and competitive process, as a requirement established in the Constitution and the law are legally valid, should be canceled to hold a process in which all healthcare workers may apply without any restriction or limitation and, thus fully safeguard the right to equality and non-discrimination of all those who were affected by the law mentioned above. A qualitative method was used to carry out the research by collecting and analyzing different existing bibliographic sources on the topic.