Incorporación del control previo por parte de la Procuraduría General del Estado en los contratos a ser celebrados por las entidades del sector público.

Abstract

In the year two thousand and eight, the State Attorney General's Office (hereinafter PGE) was withdrawn from the power it possessed to carry out legality controls before signing a contract that was to be entered into by any State entity; As a consequence of this, today it is very palpable to see the acts of corruption that have been taking place in the contracts that the Ecuadorian State has carried out through its institutions. On February 17, 2021, the Law regulating Public Procurement (hereinafter LOSNCP) was amended and brought with it a new attribution to the General State Comptroller's Office (hereinafter CGE), that of issuing pertinent reports and favourability, despite this new function added to the CGE, the control that must be carried out on public contracting is still insufficient, but why does the control that the CGE currently carries out on public contracting continue to be inefficient? Simple, because the control entity is only limited to analyzing whether or not the entity that requires contracting a service, product, works, etc., complies with the requirements stipulated in Article 61 of the LOSNCP Regulation. Resources from the State must be carefully guarded; therefore, it is necessary to increase the controls that are currently carried out on the contracting processes of public sector entities.