Las sentencias del Tribunal Contencioso Administrativo y el derecho de repetición del Estado.

The purpose of this research is to determine, through a doctrinal, legal, and case study, if the lack of identification of the public employee is directly responsible for the damage to a private person in the sentences issued by the Contentious Administrative Court makes it impossible the exercise of the State's right of repetition. The State's right of repetition contributes to identifying and correcting this legal flaw that harms the State. This study adopted mixed-method research, with a historical legal, documentary, and non-experimental design, which allowed the survey proposal to collect data. In Ecuador, the right of repetition allows the State to recover compensations paid to third parties for damages caused by acts or omissions of its public servants. However, the lack of clear and precise regulations significantly hampers its effective exercise. This is a crucial area that requires attention and reform. The main problems lie in the absence of a specific procedure for the action of repetition and the need for individualization of responsibilities in judicial sentences. This generates legal uncertainty, makes it difficult to recover what has been paid by the State, and encourages impunity for the responsible officials. To strengthen the right of repetition, it is crucial to establish an expeditious and transparent procedure. This will not only facilitate the recovery of compensations but also deter future acts or omissions that generate damages. In addition, improvements in judicial practices to clearly identify those responsible and more efficient internal control mechanisms in public entities are essential. The right of repetition is a fundamental tool for guaranteeing the responsibility of the State and its public servants. Its correct exercise will protect citizens' rights and promote the efficient provision of public services.

• 主要作者: Noriega Jurado, Johny Marcelo (author)
• 格式: masterThesis
• 语言: spa
• 出版: 2024
• 主题: Tribunal Contencioso Administrativo; Derecho de repetición; Funcionario público
• 在线阅读: http://dspace.unach.edu.ec/handle/51000/13815