"Evaluación a los principios constitucionales y legales en la excepción a los contratos interinstitucionales y/o interadministrativos dentro de la Ley Orgánica del Sistema Nacional de Contratación Pública".

This Curricular Integration Work is developed in the context of public procurement, specifically within the special regime that regulates direct contracting and the conditions of inter-administrative contracts. Normative and doctrinal aspects related to administrative contracts are addressed, emphasizing the particular characteristics of inter-institutional and inter-administrative contracts, in order to differentiate them from other types of public contracts. The analysis focuses on evaluating the constitutional and legal principles in relation to the exception of guarantees in inter-institutional and/or inter-administrative contracts established in the Organic Law of the National Public Procurement System (LOSNCP), enacted in 2008. This law introduced key reforms in the field of public procurement, highlighting the incorporation of contractual guarantees as mechanisms to ensure the correct use of public resources. However, Article 2, paragraph 8 of the LOSNCP establishes exceptions to the obligation to present guarantees in contracts entered into between public entities, mixed entities and companies in which the States of the International Community have a majority stake. This provision has generated controversies about its compatibility with the constitutional and legal principles that govern public procurement, opening a debate on its adequacy and the possible need for reform within the current legal framework. The proposed theoretical framework covers fundamental concepts on public administration, inter-administrative contracts and contractual guarantees, as well as a detailed review of the principles that govern public procurement at the national level. Likewise, it analyzes how the exemption of guarantees in certain contracts can generate a legal contradiction with the constitutional and legal principles that govern public procurement. Through case studies, it is evident how these exceptions affect the transparency and efficiency of procedures, harming compliance with the principles of public administration This study aims to analyze the compatibility between the exemption of guarantees in inter-institutional contracts and the guiding principles of public procurement, proposing a critical reflection on the need to reform this regime to ensure greater coherence between current regulations and the purposes of the State in the management of public resources.

• Yazar: Villamagua Medina, David Alejandro (author)
• Materyal Türü: bachelorThesis
• Dil: spa
• Baskı/Yayın Bilgisi: 2025
• Konular: DERECHO; CONTRATOS; CONTRATACION PUBLICA; ECUADOR
• Online Erişim: https://dspace.unl.edu.ec/jspui/handle/123456789/31940