La potestad de las empresas públicas en aplicación del derecho público en los procesos de contratación en el Ecuador.

Abstract

This degree work is focused on analyzing the exercise of the power of public companies in the application of public law during contracting processes in Ecuador. This study emerges in a context of the importance of public or state-owned enterprises in the Ecuadorian economy and their role in the execution of public projects. We review the theoretical and legal foundations of public enterprises in Ecuador, emphasizing their role as tools to achieve public interest objectives and their connections with administrative law and public procurement law; also, we address the regulatory framework governing procurement processes in Ecuador, emphasizing the Organic Law of the National Public Procurement System and its regulations, as well as the Constitution of the Republic, which establishes the principles of legality, transparency and efficiency in public management. The main part of this paper focuses on the analysis of the power of public companies in decision-making during the contracting processes, the pre-contractual processes and the autonomy that public companies have at the time of public contracting. Finally, conclusions are presented that highlight the relevance of clarifying the limits of the power of public companies in the application of public law in contracting processes. The importance of guaranteeing transparency, legality and efficiency in the management of public resources through a clear regulatory framework and effective control mechanisms is highlighted.