¿SON LAS ALIANZAS PÚBLICO PRIVADAS UN MODELO DE GESTIÓN DE PROYECTOS DE OBRAS Y SERVICIOS PÚBLICOS INCLUSIVO Y SOSTENIBLE?

Abstract

This research seeks to analyze from the legal perspective whether public-private partnerships are a strategy that facilitates the participation of civil society in the development of public works and services projects. In the theoretical framework of work, different conceptualizations of the subject of public-private partnerships are pointed out, given that there is no single concept in this doctrine about this figure of administrative law. Its objectives are to analyze the nature of the legal regime applicable to public-private partnerships in Ecuador. Study the regulatory legal framework of public-private partnerships in Ecuador. Determine if public-private partnerships constitute a project management model for inclusive and sustainable public works and services. The present investigation is a documentary review of the laws that regulate public-private partnerships in Ecuador. Methodologically constitutes a documentary review, as results can be noted that public-private partnerships are a contract that runs between privatization and traditional concession and like the rest of the contracts generates obligations, with the peculiar characteristic that the subjective element active of the legal relationship is the State. Among the conclusions, there is an extensive normative framework that provides legal security to the private sector and allows the Ecuadorian State to actively incorporate civil society in the management of matters of collective interest.