Reparación integral en la responsabilidad extracontractual del Estado en Ecuador.

Abstract

This academic work seeks to prove the limitation of compensation that is displayed in the attribution of objective liability of the State in Ecuador. This limitation corresponds to the damages caused by the State, with this restriction being the main obstacle between the attribution of objective responsibility and it’s purpose. Since integral compensation does not proceed under current Ecuadorian legislation due to the express exclusion presented in the Organic Administrative Code, which contemplates monetary compensation, with discretionary exceptions from the competent authority. It is necessary to adopt the conceptualizations and jurisprudential practices of countries like Colombia and France, where integral compensation is applied, through harmonization with Ecuadorian regulation regarding the most relevant aspects of compensation. The purpose is to allow the restitution of any imbalance caused to an individual who suffers damage due to the action or omission of the State, by establishing the application of integral compensation as a duty and obligation of the State.