El vicio de incongruencia “Extra Petita” en el reintegro de funcionarios públicos cesados por el decreto ejecutivo no 813 : análisis jurídico de la doble indemnización en el Ecuador”.

Abstract

This study analyzes the procedural flaw of extra petita incongruence in rulings that order the reinstatement of public servants dismissed under Executive Decree No. 813 in Ecuador and, in addition, grant unsought compensations. Such decisions raise controversies regarding procedural congruence, due process, and state liability. The main objective is to examine how these judicial rulings, by disregarding previously received compensations, give rise to cases of double indemnity. The research followed a qualitative approach, combining doctrinal, normative, and case law analysis, with reference to specific cases decided by administrative courts. The findings reveal that this practice undermines fundamental procedural principles, causes economic harm to the State, and affects legal certainty. Consequently, the study concludes that it is essential to reform the General Organic Code of Procedures (2015), establish binding judicial precedents, and strengthen control mechanisms in reinstatement processes, in order to prevent unjust enrichment and ensure proportional and fair reparation.