Conflicto normativo en la regulación de los Cuerpos de Bomberos en Ecuador.

Abstract

The final paragraph to Article 425 of the Constitution of the Republic of Ecuador, which refers to the hierarchy corresponding to the competence of the Decentralized Autonomous Governments, states: "The hierarchy of regulations will consider, as appropriate, the principle of competition, in particular ownership of the exclusive powers of the decentralized autonomous governments." (ASAMBLEA NACIONAL, 2008) under this provision, the country's fire departments have been sheltered by new legal bodies that were born with the pertinence of the constitutional norm such as the ordinances created by the municipal GAD, which should respond with full harmony to the new system of public policies, to the regime of national, sectional and sectoral competences, respecting the hierarchical order between them, that is the municipal ordinances can not be divorced normatively from the Law of Defense against Fire. Hierarchical condition that has not been fulfilled or abused their understanding in favor of being understood as an invasive autonomy of the GAD against the solid autonomy of the Fire Department. The current problems regarding the competence of the GAD and the Fire Departments are still worrying and have generated legal uncertainty between these two entities and the former are covered to generate municipal ordinances and the fire department are assisted by the LDCI to maintain its autonomy the interpretation of the GAD allowed to assume that the fire departments of the country are considered as entities added to the autonomous municipal governments.