La ineficacia del derecho de repetición ocasionada por la indeterminación de responsabilidad de los Servidores Públicos.

Abstract

The present investigation covers the study of the right of repetition, established in article 11, numeral 9 of the Constitution of the Republic of Ecuador, which reflects the obligation that the State has to repeat against public servers, who violated the rights of individuals for their malicious or guilty actions, guaranteeing that those responsible assume the cancellation of the compensation or economic reparation that the State made to the victim; however, there is a problem for the repetition action to proceed, it consists in the indeterminacy of the responsible public officials or servers and their grade of responsibility. In order to carry out this research, it has been structured in two chapters. The first chapter indicates basic aspects of the right of repetition such as: historical background, definition, purpose and requirements necessary for its exercise based on doctrinal studies and jurisprudential pronouncements; The second chapter analyzed the different legal norms that frame and detail the right of repetition and the solution to the problem that establishes the need to reform Article 69 of the Organic Law of Jurisdictional Guarantees and Constitutional Control has been proposed in such a way that guarantees The principle of legal certainty.