Acciones constitucionales frente a la terminación unilateral del contrato en materia de contratación pública a la luz del pronunciamiento de la Corte Constitucional y jueces de instancia.
The National Public Procurement System comprises the entire environment related to public procurement processes at the national level, and, in view of that, different types of contracts that seek to satisfy public needs are entered into. For this reason, this research work develops a descriptive leg...
में बचाया:
| मुख्य लेखक: | |
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| स्वरूप: | bachelorThesis |
| भाषा: | spa |
| प्रकाशित: |
2023
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| विषय: | |
| ऑनलाइन पहुंच: | http://dspace.unach.edu.ec/handle/51000/11817 |
| टैग: |
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टैग जोड़ें | सारांश: | The National Public Procurement System comprises the entire environment related to public procurement processes at the national level, and, in view of that, different types of contracts that seek to satisfy public needs are entered into. For this reason, this research work develops a descriptive legal analysis on the applicability of constitutional actions as mechanisms for the protection of rights against the unilateral termination of the contract, in light of the pronouncement of the Constitutional Court and judges of instance. This study revolves around the legal prohibition established by Art. 95 of the Organic Law of the National Public Procurement System (LOSNCP), which limits the possibility of proposing constitutional actions against the resolution of the unilateral termination by the contracting entity. Methodologically, the research is of non-experimental design with a mixed approach, and responds to the legal-analytical, dogmatic, legal-descriptive and case study methods; the unit of analysis is located in the province of Chimborazo, canton Riobamba, and through the application of the different instruments of data collection has been obtained as results that, within the processes of unilateral termination of contracts, the constitutional rights to legal certainty, due process, right to defense and right to work are violated. Consequently, based on the study carried out, it has been identified that constitutional actions are appropriate against the unilateral termination of the contract, when the nature of the violation of rights is of a constitutional nature, while, when it is a matter of resolving aspects of legality, the contentious-administrative route is the appropriate way to guarantee the rights of the contractor. |
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