Compliance anticorrupción en empresas públicas como articulación entre derecho administrativo y derecho empresarial en Ecuador

Abstract

This study investigates anti-corruption compliance in Ecuadorian public entities, understanding regulatory compliance as a bridge between administrative law and business law. The case of CNT EP is taken as an example, and ISO 37001 is used as a technical reference. The study explores how public sector regulations align with preventive risk management models, which are normally associated with the private sector. To carry out this research, a mixed methodology was used. In the theoretical legal sphere, an analysis was made of the Ecuadorian regulations applicable to state-owned companies. On the other hand, a structured survey was conducted among employees at different hierarchical levels of CNT EP, with the aim of assessing their perception of the effectiveness of the anti-corruption management system that was established in 2018 and its limitations. The results of the study showed differences in anti-corruption management and proposed the implementation of a compliance model based on ISO 37001 in a viable way at CNT EP ensuring autonomy, ethical leadership and a preventive culture