Los desafíos probatorios dentro de la responsabilidad extracontractual del estado derivados de la ineficiencia de los servicios públicos de salud

Abstract

The non-contractual responsibility of the State in the granting of public services is imperative, recognizing that these services make effective the exercise of citizens' rights, however, despite the importance and the obvious obligation of the State; different doctrinal and legal positions identified. That make the evidentiary right a fundamental part to establish the bad behavior of the State. From this perspective, the present investigation arises, which aims to carry out a legal analysis that allows establishing the evidentiary challenges involved in proving the responsibility of the State in the deficiency in the provision of health services in Ecuador. For this, an investigation carried out with a qualitative approach with a descriptive scope of the study phenomenon. The results show that Ecuador establishes the non-contractual liability of the State as an administrative process governed by the Organic Administrative Code, which establishes that, if it is determined that an employee violated an action or omission in the public health service. Therefore, the State has the responsibility, as stated in the Constitution, which implies a objective non-contractual responsibility.