Violación del derecho al Debido Proceso de los sumarios en el nuevo trámite administrativo / Análisis del Art 11 del Decreto 081-2019MDT

Abstract

To generate a decentralized system, The Constitution of the Republic of Ecuador approves the creation of the Decentralized Autonomous Governments, whose functions include the promotion of development, guaranteeing the fulfillment of a good way of living, for which development and territorial planning plans are elaborated, in which the expropriation projects and the properties to be affected are included. It is believed that there is a violation of private property rights since the owner of the affected property will have to be forcibly dispossessed of his property. The parameters established in the Organic Code of Territorial Organization Autonomy (COOTAD, in Spanish) leave the affected person in defenselessness since this code determines the parameters of the expropriation and compensation; such value is given by the Department of Appraisals and Cadastre, which is based on the cadastre of the last year, before the project of the declaration of public utility.