Responsabilidad del Estado y reparación de daños en la gestión pública: perspectivas jurídicas actuales
Year: 2026
Type: article
Abstract: State liability and the full reparation of damage arising from public administration have become essential pillars of the constitutional state governed by the rule of law, insofar as any administrative act or omission that causes unlawful harm must be subject to oversight and effective mechanisms of redress. Their normative and jurisprudential development reflects the strengthening of the principle of legality, the full subordination of public authorities to the constitutional order, and the guarantee of effective judicial protection. The study of this institution requires not only an examination of its formal regulation, but also an analysis of its practical application and interpretative development, viewing reparation as a legal duty aimed at restoring infringed rights through compensation or other appropriate measures. Although a legal framework exists recognising the State’s patrimonial liability, obstacles persist in relation to access to justice, the length of proceedings and the enforcement of judicial decisions, revealing tensions between formal recognition and the practical effectiveness of the right to reparation. From a descriptive and analytical standpoint, supported by systematic documentary analysis in accordance with structured methodological criteria, it may be concluded that State liability constitutes a structural mechanism of control and balance, linking authority with accountability within the contemporary legal order.
DOI: 10.63969/bpzfw010
Institution: Universidad Nacional de Chimborazo
Language: Spanish
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7155631079