Impugnabilidad del acto administrativo de declaratoria de utilidad pública.

Abstract

This degree project analyzes the impugnability of expropriation within the Ecuadorian legal system, focusing on the tension between administrative power and the constitutional guarantees of the individual. Through a historical overview spanning from Roman Law to the 2008 Constitution, the study examines the coercive nature of this legal figure and its constitutive elements, such as public utility and just compensation. The core of the analysis addresses the legal problem generated by Article 63 of the Organic Law of the National Public Procurement System, which restricts the challenge of the administrative act solely to the determination of the price, thereby limiting the essential core of the right to appeal and effective judicial protection. Finally, it is concluded that such a limitation violates the right to a defense in the constitutional warranty of right of appeal, proposing a legal reform to allow for comprehensive judicial control over the legitimacy and the need of the declaration of public utility to prevent arbitrary or confiscatory acts.