Las acciones constitucionales como mecanismos de protección de derechos derivados de los procesos de contratación pública.

Abstract

We will carry out an analysis of the jurisdictional guarantees contemplated in the constitution, which allow us to answer that if these are defense mechanisms for the violation of rights in the process of public procurement, concluding that the new constitution of Ecuador in the subject of guarantees establishes some legal novelties in the matter of protection of human rights that are established within the new system of constitutional state of rights, which are recognized by reason of the state as defense mechanisms in public procurement processes. It is asked as a question, what defense mechanisms contemplated in this law are adequate and effective when any right to suppliers is violated, this allowed arriving as a conclusion that said mechanisms established in this law are not adequate and effective, because within a contractual process , when presenting the claim by the supplier, does not suspend the process, evidencing a contradiction with the mechanisms established in the constitution and the jurisdictional guarantees, which must be applied directly and immediately. In summary, it is concluded that, when comparing the constitutional and administrative actions, the most appropriate are those that are contemplated in the constitution because they are determined by the strict and integral compliance with those established in said current constitution, of which the state must be governed for his performance in public administration. Thus, with this relationship that is established between specific objectives, complementary questions and conclusions, the general objective is reached, which is made explicit in the fourth conclusion, by stating that the actions foreseen in the constitution constitute defense mechanisms against the rights of public procurement, not those contemplated in the LOSNCP.