Maestría en Derecho Constitucional

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    El justo precio en casos de expropiación y el Derecho a la propiedad de los administrados
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2020-09) Aguirre Villegas, Galo Armando; Frías Raza, Sergio Edmundo
    The investigation is carried out within the framework of the constitutional State of rights and justice, in which, by virtue of the exercise of public power, a constant interaction is generated between private property and public property. The Ecuadorian Constitution of 2008, recognizes and guarantees the right to property in all its forms, concomitantly establishes the possibility of expropriating the assets of individuals but enshrining the right to receive fair, adequate and timely compensation for the damage suffered, prohibiting all forms of confiscation. But, the content of paragraphs 10 and 16 of article 5 of the Organic Law for Efficiency in Public Administration, does not know the improvements made by the expropriated in their properties, if they do not have authorization, a provision that restricts the minimum content of the right to property determined in the Constitution. The research has a qualitative approach, since the issues raised were analyzed from a neutral point, from which, the reality of the events was approached and the causes and effects of the problem studied in the life of the expropriated owners and their incidence on their personal and family development from the affectation to their patrimony, by the application of an infra-constitutional norm (paragraphs 10 and 16 of article 5 of the Organic Law for Efficiency in Public Administration) which It also limits the behavior of public servants both in the administrative and in the ordinary judicial sphere. Reason why, the expropriated, in search of an alternative to find a way out of his situation, must go to the administration of constitutional justice. With the data and information collected, it was concluded that paragraphs 10 and 16 of article 5 of the Organic Law for Efficiency in Public Administration, constitute a current regulation, having been issued in compliance with the corresponding legislative procedure; but, it is not a valid norm due to its regressive material essence in the content of rights in a disproportionate way that contradicts the 2008 Constitution. It is presented as a proposal, the presentation of a claim of unconstitutionality for the content of paragraphs 10 and 16 of Art. 5 of the Organic Law for Efficiency in Public Procurement, in order for the Constitutional Court to carry out an abstract and material control of the demanded norm, in order to make effective the unity and coherence of the Ecuadorian legal system, under the rule of the principle of constitutional supremacy and the progressive development of rights and their nonregression.