La responsabilidad extracontractual del estado ecuatoriano por la pérdida de los cadáveres en estado de excepción sanitaria.

Abstract

The purpose of this academic paper is to analyze the responsibility that is displayed due to the ineffective application of the protocol for the manipulation and final disposal of corpses with antecedent and presumption COVID-19 Hospital, resulting in the loss of bone remains during the state of sanitary exception, causing legal instability, pain and suffering to their relatives. With the information collected, the consequences caused by moral damage and caused to the relatives of the lost corpses are established, thus having a broader vision regarding the non-contractual responsibility that the Ecuadorian state entails, whose obligation is to respect and enforce the citizens' rights, and in the event that the state, its delegates, concessionaires or a person acting in the exercise of a public power causes damage, this must be repaired based on the constitutional principles contemplated in our charter, seeking to mitigate dissatisfaction and suffering for the loss of the remains.