La vulneración del debido proceso en la emisión de títulos de crédito por parte de la Contraloría General del Estado en contra de los responsables subsidiarios

Abstract

This paper aims to analyze the case of the Comptroller General of the State and the recovery of the debt which has not been made on assets and rights of the person chiefly responsible for them, instead, it initiates the coercive action and required payment directly over assets and rights of the pertinent subsidiary authorities. Thus the objective has been to analyze the vulnerability of due process in the issuance of credit titles by the Comptroller General of the State against those in charge of subsidizing them This research has been qualitative by nature and through the revision of the legal regulation; a descriptive and an exploratory approach wrere applied. taking into account that the topic of analysis in Ecuador has background information. characteristics, and data that allowed making a c4ear diagnose about the main subsidiary responsibility for the issuance of credit titles by the Comptroller General of the State supported by doctrinal and jurisprudential information. ane of the main conclusions reached has been the verification of the deterrnination of what due process is, the guarantees contained in the Constitution of the Republic, and the manner they have been violated as a result of the issuance of credit titles where specific regulations are not applied. The cases on which the CGS takes action with utter discordance of what the legal norm highlights concerning the debts collection to those responsible involved and then, if necessary, implement it upon those who subsidize provided that the first of them plead default of payment.