Ecuador is a constitutional State of guarantees and justice as determined by Art 1 of the Constitution of the Republic of Ecuador, therefore the legal norms already established for each case must be respected, especially for the processes of dismissal of public officials, for this process of dismissal the previous legal norms already established such as LOSCA or currently LOSEP must be applied; That is why the problem of the present investigation is how the dismissal of public officials, without the knowledge and application of the rules and legal procedures provided, violate the right to effective judicial protection and legal certainty as a rule of Constitutional character?, The objective is to determine to what extent this violation of constitutional rights occurs.