Analysis of the Action for Repetition as a Financial Protection Mechanism for the Decentralized Autonomous Government of the Centinela del Cóndor Canton

Abstract

The purpose of this article is to analyze the functioning of the action for repetition as a financial protection mechanism for the Decentralized Autonomous Government (GAD) of the Centinela del Cóndor Canton. The methodology used was the jurisprudential method, involving the description and systematization of five rulings in which actions for repetition were resolved. Four of these actions were brought against the mayor of the GAD of Centinela del Cóndor for the period 2014–2018, with a total amount across the four proceedings of USD 74,070.75. In addition, a ruling on an action for repetition against the then Consul of Ecuador in Ipiales was analyzed, amounting to USD 11,142.00. Finally, the action is defined as a financial protection mechanism, both to prevent negligent or wrongful conduct by public servants and to demand the immediate reimbursement of public funds disbursed by the State. Moreover, it is established that the Repetition Bill submitted to the National Assembly in 2021 must be processed, as it is essential to ensure the effectiveness of the action for repetition.

Keywords: Repetition action, serious fault, fraud, financial protection, strict liability, subjective responsibility