¿Es viable la aplicación del derecho de repetición en Ecuador?.

Abstract

When the State is declared liable for the commission of a damage to a private individual, as a result of the negligent action of a public official, the State must compensate the victim by disbursing public resources to compensate such damages. In Ecuador there is a judicial action that compromises the patrimony of the public servant when he is declared liable for damages that have been committed in a fraudulent or negligent manner in the exercise of his duties, this mechanism is called action of repetition, which aims to recover the resources spent by charging the public officials who have been sentenced to repay the State from its own resources, the action of repetition is scattered in several legal texts, which generates confusion in the legitimized active to interpose it without obtaining success in the recovery of public funds. In order for the action of repetition to be successful, I consider that the State must apply the preventive function that seeks to create awareness in public servants and prevent new damages, the action of repetition should not have as its primary objective the sanction of the public servant, but on the contrary it should establish mechanisms of prevention to avoid consummating future damages, providing the public servant with the necessary technological tools and good working environment for the performance of their activities at the service of the citizenship.