Regulación de las alianzas público-privadas en el Ecuador : necesidad de una ley especial.

Abstract

Traditionally, the provision of public services in Latin American countries has been the responsibility of the State; however, in recent decades legal figures have been incorporated that allow the establishment of contracts under the modality of alliances between the public sector and the private sector. The Ecuadorian State, aware of the importance for economic and social development of the participation of private capital in strengthening public management, enacted the Law on Incentives for Public-Private Partnerships, which includes tax incentives for public-private partnerships to the supply of goods, provision of services and execution of works, to private companies that intervene in this type of associations; however, in Ecuador a significant number of regulations have been developed that deal with the subject without expressly regulating it; consequently, the absence of regulations leaves open the possibility that they violate constitutional principles of the rule of law. In this context, the purpose of this investigative work is to analyze and formulate recommendations and suggestions, as a contribution to incite the need to create a special law.