Acción de repetición y la protección de los recursos económicos de la administración pública en el Ecuador

Abstract

The repetition action constitutes a legal figure established in the Ecuadorian legal system, its objective is to recover the values disbursed by the State due to malicious or culpable actions on the part of public servants, the purpose of this investigation is to analyze the repetition action and the protection of the economic resources of the public administration in Ecuador, for which a review of investigative, historical, regulatory and jurisprudential antecedents was carried out in which a detailed analysis was carried out that allowed identifying the existing shortcomings in the current legislation, as well as In this way, it was possible to determine the main obstacles that arise when exercising it, producing a great impact on the public resources of the Ecuadorian State, generating a great social impact because the accrued values are not recovered and as a consequence said items cannot be used in the creation of public policies or the investment of basic services, therefore in order to make this action viable, it is necessary to implement legislative reforms, through which a precise and clear procedure is provided regarding the determination of responsibilities, prior to initiating a repetition action, with the purpose that through a complete, detailed and substantiated legal system, violations of due process are avoided, in the same way it is considered important to train public officials so that they know the procedure to follow when initiating a repetition action, promoting its applicability and protecting the economic resources of the State