Análisis de la figura jurídica del prevaricato en el COIP: Delitos que pueden cometer los servidores públicos en Ecuador

Abstract

This study aims to analyze the legal implications resulting from the absence of an autonomous classification of the crime of administrative prevarication in the Ecuadorian Comprehensive Organic Penal Code (COIP), and to propose a legislative reform that effectively sanctions arbitrary decisions made by public officials in the administrative sphere. The research adopts a qualitative approach, using semi-structured interviews with five experts in Criminal Law, Constitutional Law, and Administrative Law. The sample was selected based on their expertise in legal practice and the legislative field. The findings from doctrinal, comparative, and empirical analysis reveal that the lack of specific classification has created a legal gap that prevents the proper sanctioning of illegal administrative acts, contributing to impunity and undermining public trust in institutions. The experts agree that establishing an autonomous criminal figure for administrative prevarication is essential to ensure legality and transparency in public administration. The proposed reform includes a clear definition of the crime, with an approach that safeguards the principle of legality without criminalizing non-deliberate technical errors. In conclusion, incorporating this figure into the COIP would strengthen the Ecuadorian penal system, improving control over public administration and protecting citizens' rights against arbitrary decisions.