Responsabilidad extracontractual del estado en el caso de las muertes por inseguridad en obras de alcantarillado

Abstract

This paper focuses on the analysis of the historical evolution of state liability, presenting the “blank judgment” and its emblematic cases. Additionally, it reviews the legal regulations related to state responsibility, examining the provisions established in Article 11, numeral 9 of the Constitution of the Republic of Ecuador, the Public Procurement Law, the Occupational Health and Safety Law, among others. Moreover, it examines cases of accidents and fatalities during sewerage works, identifying contributing factors to insecurity, and thus providing a review of the existing literature on the subject. The methodology employed adopts a documentary-bibliographic research approach. Furthermore, interviews were conducted with experts in the field, such as lawyers and public officials, aiming to obtain information regarding their stance, legal actions, and specific protocols followed in such cases. Additionally, a qualitative research approach was utilized in this study, which allowed the identification that the State has been liable in non-contractual cases; however, no compensation has been provided to affected citizens. This hypothesis was verified through the interviews conducted during the research process. The data analysis process is explained, which included the review and classification of information gathered from the interviews. Furthermore, a proposal for the implementation of a municipal ordinance on prevention and protection by the GAD of Latacunga towards citizens and workers is presented