La responsabilidad extracontractual del Estado por la incorrecta prestación de servicios públicos

Abstract

Contractual liability of the State for the incorrect provision of public services in Ecuador is objective in nature and Public Administration obliged to repair all the damage caused to individuals by their lawful or unlawful conduct; as well as failure to provide or incorrect, inadequate and tardy delivery of public services by imposing unfair burdens public individuals forced to endure are found. The state is directly responsible, without a subjective element, that is, the official who caused the damage. This particular subject is a guarantee made effective through various funds established by current legislation in our country on behalf of managed to protect their individual rights violated, and to curb the abuse of public administration in exercising its power conferred by the sovereign people, in this regard it is established the principle of State responsibility in the Constitution, mandatory rule that forewarn rights of each citizen should be harmed by the lawful or unlawful activity of the administration public.