La responsabilidad extracontractual del estado ecuatoriano y su defensa en el Código Orgánico General de Procesos.

Abstract

The study called "The Extracontractual Liability of the Ecuadorian State and its defense in the General Organic Code of Processes" has its antecedent in the state theory of causality and in constitutional exercise derived from the functions of the administration of justice, linking the study problem to the functions of the public executors, the judicial error, and the theory of the public Administration in relation to human rights and access to comprehensive reparation; Hence, its purpose was to generate citizen awareness regarding the damage caused by the Ecuadorian State, through its public officials, and the ways to repair them within the framework of the Constitutional State of Rights and Justice, in synchrony with the principle of dignity. What was presented was achieved through a non-experimental study of a qualitative type, with a non-probabilistic sampling of data and bibliographic techniques where administrative doctrine, contemporary and comparative norms and national jurisprudence were considered, through which the results were obtained. important a greater proximity to the concept of non-contractual responsibility of the State from the administrative, jurisdictional and legislative approaches, civil responsibility from the objective and subjective criteria, dimension of the State damage and forms of damage reparation, and the cases of damage, with which that it was allowed to conclude that on more than one occasion Ecuador as guarantor and guardian of rights has been extracontractually irresponsible, materially and immaterially affecting those administered and missing the constitutional scheme.