El alcance de la responsabilidad extracontractual del Estado ecuatoriano en la prestación del servicio público de seguridad ciudadana

Abstract

The present research addresses the limited enforceability of the State’s non-contractual liability in Ecuador regarding damages arising from deficient provision of citizen security services, particularly in contexts involving organized crime. In light of these considerations, the general objective of the study was to analyze the scope of such liability under these circumstances. To achieve this purpose, three specific objectives were established, each corresponding to an individual chapter of the research. Regarding the methodology employed, the study adopted a qualitative approach with an analytical and explanatory nature, supported by documentary review and the application of analytical-synthetic, deductive, and comparative methods. The findings revealed that the scope of State liability within the Ecuadorian legal framework is notably broad at the normative level; however, its enforceability remains highly demanding in evidentiary terms, requiring proof of State action or omission, unlawful harm, and a direct causal nexus.