Analysis of the concept of slavery through judgment 1072-21-JP/24

Abstract

Despite its formal abolition, slavery has persisted in contemporary forms that restrict freedom and gravely affect human dignity. The objective of this research was to analyze the historical, normative, and jurisprudential evolution of slavery, serfdom, and forced labor, based on Judgment 1072-21-JP/24 of the Constitutional Court of Ecuador, in order to determine the existence of modern practices of labor exploitation and the corresponding state responsibility. The methodology employed was qualitative; the legal-doctrinal method was applied, complemented by the hermeneutic-interpretive analysis of national and international normative sources and the aforementioned constitutional precedent. The results showed that, beyond the formal appearance of an employment relationship, elements such as structural vulnerability, excessive subordination, economic dependence, and a real lack of freedom to leave the job were present, constituting a contemporary form of serfdom. Furthermore, it was determined that there was a prolonged omission by state institutions in the prevention and protection of the affected rights. The conclusions established that the analyzed ruling constituted a relevant precedent by recognizing practices analogous to slavery in the Ecuadorian labor market and by reaffirming that the primacy of reality must prevail over contractual formalism, thus consolidating the state's obligation to prevent, investigate, punish, and redress all forms of exploitation contrary to human dignity.