El abuso de la contratación pública en situaciones de emergencia.

Abstract

Public procurement plays an essential role in the economic and social development of Ecuador, regulated by the Organic Law of the National Public Procurement System (LOSNCP). This law aims to establish a more efficient, transparent, and dynamic system for the acquisition of goods and services by the State. The effective and transparent management of public procurement can contribute to the better functioning of the public sector and prevent corrupt practices. Emergency procurement allows for immediate needs to be met without conventional processes, as long as an unforeseeable and verified event exists. The central issue revolves around determining whether its purpose is to prevent or overcome emergencies. The dilemma arises when questioning the preventive application to future and uncertain events, which could result in the loss of resources, versus the idea of overcoming specific and existing crises. In the theoretical framework, public procurement is defined as a procedure that seeks the proper management of public resources to achieve harmony between the State, suppliers, and society. State contracts, governed by the Constitution and LOSNCP, are crucial for economic and social development, provided they avoid acts of corruption. LOSNCP is the legal basis for public procurement in Ecuador and is complemented by regulations and resolutions. The fundamental principle establishes that, in the realm of Public Law, only what is expressly provided for in the Law can be carried out. This supports legality and transparency in public procurement.