La responsabilidad objetiva del estado frente al consumidor y sus limitaciones : la generación, distribución y suministro de energía como servicio público de calidad.

Abstract

In Ecuador there is a difference between users and consumers. The user is the person who uses public services as the final recipient. These public services can be electricity, conventional or fixed public telephony, drinking water, gas, sewerage, health services, etc., that is, services that are provided by public or private providers. The consumer is the person who, as the final recipient, requests, uses and enjoys the goods and services offered in the market. Both the consumer and the user of public and private goods and services have several means to which they can resort in case their rights are violated through a complaint or claim: 1. Before the same company or institution with which a service has been contracted or a good has been acquired. 2. Before the regulatory bodies of companies or institutions that offer goods and services: The Superintendency of Banks and the Superintendency of Companies, Superintendency of Telecommunications, ARCONEL, etc. 3. Before the Ombudsman's Office. 4. Before the Mediation and Arbitration Centers. 5. Before the Courts of Justice of the country. If the damage is caused by a company or public institution, the user or consumer can request the state (through the same company or institution or in higher instances) to assume strict liability; which means that the user is not obliged to indicate the causes of the damage, but only its existence, and the State is obliged to compensate that damage. In the case of public services, there are some principles described in the Constitution of the Republic of Ecuador of the year 2008, which, if not fulfilled or if fulfilled poorly, would greatly harm the user and the consumer, since this group of people is represented by the entire Ecuadorian population, which must enjoy quality public services. The right of the users and the consumer are considered within the RIGHTS OF COLLECTIVE LEGAL INTEREST. For the purposes of the analysis that concerns me, I have taken as a central example the case of the supply of electricity to the Ecuadorian population, since, finally, to prove the strict liability of the State, it is only necessary to prove that damage was caused.