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Legislative bases for the regulation of judicial repetition action in the Ecuadorian legal system

Abstract:

Introduction: The repetition action in Ecuador is a legal mechanism that allows the State to recover public resources that it has had to pay as a consequence of national or international convictions, when these originated from intentional or seriously culpable actions or omissions of public servants; It is regulated in different legal instruments and the regulatory dispersion and antinomies that it has have made its application difficult. Methodology: The research carried out is classified as qualitative with a descriptive and explanatory approach. Based on theoretical, exegetical and comparative methods, the main insufficiencies of the repetition action and the pillars of a possible reform were specified. Results: All of this motivated this research, which is based on analyzing the legal action of repetition in the Ecuadorian legal system, its main problems and insufficiencies at the time of its application, so once this problem has been analyzed, it is intended to establish a proposal for legislative reform for its adequate legal regulation. Discussion: The different opinions of the authors and interviewees regarding the solution in question were valued. Conclusions: The bases of the proposed solution were presented.