Inefectividad del derecho de repetición en sentencias de la CIDH contra el estado ecuatoriano.

Abstract

One of the primary duties of the Ecuadorian State is to guarantee the enjoyment and validity of the rights established in the Constitution and in international legal instruments. To fulfill this purpose, the people who exercise public authority must adapt their actions to the constitutional and legal precepts that guarantee the rights of the people. However, there are cases in which by action or omission of public servants in the fulfillment of their functions, the violation of rights is caused, causing damages that must be repaired by the State. When the State pays the economic reparation, the right of repetition against the public servant is generated in his favor, which has the primary purpose of recovering the capital invested in the payment for compensation. Repetition is regulated in the Constitution of the Republic and legally developed in the Organic Law of Jurisdictional Guarantees and Constitutional Control and in the Organic Code of the Judicial Function, regulations in which inaccuracies are found that put the effectiveness of this action at risk. , a situation to which complexity is added to demonstrate that the act or omission of the public servant was due to intent or serious fault on his part. This generates a problem that is addressed in this work from the doctrinal, constitutional and legal perspective, trying to contribute with suggestions that contribute to making repetition action an effective mechanism to protect the interests of the State.