Análisis del vacío normativo vigente en torno a la pensión vitalicia para ex mandatarios en el Ecuador.

Abstract

The main objective of analysis in our thesis falls on the monthly life pensions granted in Ecuador to the Former Presidents and Former Vice President of the Republic. The legal problem centers when the life annuity continues to be delivered to those former presidents who have a final executive judgment enforced; Although they were democratically elected, it does not exempt them from fulfilling their mandate in an ideal way, and represents the country with height. Thus, what is determined is one of the reform initiatives of the National Assembly within the urgent project of the Humanitarian Support Law, which also excludes the benefit of receiving the pension to ex-leaders who have not completed the period for which they were elected; or that they have been sentenced for crimes of embezzlement, bribery, concussion, illicit enrichment, crimes against life, against humanity, against the public faith; and, of sexual assault or violence. The Organic Law of Public Service (LOSEP) in its article 135, establishes a monthly life pension equivalent to 75% of the current remuneration, in favor of those who are constitutionally elected by popular vote and have taken office. Ecuador is experiencing a period of serious economic instability, being the subject of discussion the possibility of eliminating or reducing this burden on the State and allocating this budget to sectors such as health, education, housing, research, etc., that allows our country to advance.