La seguridad jurídica y la contratación pública por vía electrónica
ABSTRACT: Legal Security is a principle of constitutional rank that confers to the natural or legal person the normative certainty in all actions of the public administration; and, in the general contracting process electronically. The objective of this research is to demonstrate that compliance wit...
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| 格式: | masterThesis |
| 語言: | spa |
| 出版: |
2023
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| 主題: | |
| 在線閱讀: | http://dspace.unach.edu.ec/handle/51000/10700 |
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添加標簽 | 總結: | ABSTRACT: Legal Security is a principle of constitutional rank that confers to the natural or legal person the normative certainty in all actions of the public administration; and, in the general contracting process electronically. The objective of this research is to demonstrate that compliance with this guarantee concerning the purposes outlined in the public procurement processes contained in the Organic Law of the National Public Procurement System and the methodology used consists of the quantitative - qualitative approach; for which, based on the analysis and interpretation of data, descriptive research was applied to refer situations based on reality; in turn, for this, the inductive-deductive method will be used from the observation. It is a process that goes from the particular to the general. The deductive method consists of explaining reality based on logic for the construction of arguments. It is a process that goes from the general or abstract to the particular. As a result, it will be determined that the right is violated to legal certainty from two perspectives. Firstly, by not having a parameter of normative scope and the application of this state attribution through discretion, is confusing and is not applied both in the guideline of the time and the objective of this action by a non-competent authority, it is considered that the procedure to follow would be to demand non-observance of the Statute of the Legal Regime of the Executive Function (ERJAFE). Therefore, it is concluded that the right to legal certainty is violated in public procurement processes electronically; and this is a prerogative established within the rules applicable to general procurement processes. With the constitutional text, the legal system, and the doctrinal aspects, it will be possible to prove that both the clarity of the norm and the applicability by the competent authority were not respected by the public administration. |
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