Una confiscación encubierta: análisis sobre la ilegalidad del Art.424 del Código Orgánico de Organización Territorial, Autonomía y Descentralización

Abstract

This thesis carries out an analysis of Art. 424 of the COOTAD investigating the different contradictions of this article against the right to property and its unconstitutionality by directly violating Art. 323 and Art. 424 of the Constitution of the Republic of Ecuador. The first chapter shows the evolution of the norm through the different reforms that Art. 424 of COOTAD hashad and how confiscation has been perfected covertly; and the existing jurisprudence in the Mutualista Azuay vs Municipality of Cuenca case is also rescued. The second chapter deals directly with the right to property, its nature, historical context, and its regulation in national and international legislation. And finally, in chapter 3, the limits to property rights are established through expropriation and its difference with confiscation, the expropriation process in Ecuador, the case of Salvador Chiriboga vs. the Municipality of Quito, and as a proposal before the problem of this investigative work is the demand for an Action of Unconstitutionality of Art. 424 of the COOTAD before the Constitutional Court