The extra-contractual responsibility of the State for lack or deficiency in the provision of the public health service in the face of the health emergency decreed by COVID19

Abstract

The article addresses the elements of non-contractual liability based on the doctrinal, constitutional foundation established in Article 11, numeral 9 and the jurisprudence developed by the National Court of Justice, in the specific case due to the lack or deficient provision of the public service of Health. In the central part of the investigation, the budgets that must be configured to demand the Ecuadorian State reparation for unlawful damage caused by the lack or deficient provision of the public health service are established and the theories of imputation of the extra-contractual responsibility of the State are analyzed. The issue is novel, since the health emergency is still ongoing and also because it is evident that the State did not initially have the resources, protocols and instruments necessary to provide the public health service in a timely and efficient manner, in the face of massive contagion people with COVID19.