Los gobiernos regionales en el ecuador: análisis de las causas que han devenido en una utopía constitucional

Abstract

In this case study, the causes that have become so that the implementation of the project of the regional governments in Ecuador have not materialized are exposed and analyzed, although its creation is determined in the Ecuadorian Constitution, which establishes that Ecuador is governed in a decentralized way and that in addition, the regions are part of its territorial organization, however, its inexistence has reflected that it is only a constitutional utopia.

Therefore, in the development of this work, the different forms of governments such as the unitary state, federal state, decentralization, regional and autonomous state are contextualized. Considering the experiences of other latitudes, such as the Spanish case and other contributions with a decentralizing vision in order to make a comparative analysis and understand why in Spain it was possible to create autonomous regions, however, in Ecuador it has not been possible to establish the regional government level, even being guided by important Spanish figures.

That is why, to give the foundation to this work, to more of the documentary research and comparative law that was used; Conversations were held with two important illustrious figures such as Roberto Viciano and Gonzalo Guillén who, being advisers to the National Constituent Assembly, contributed with their knowledge of the Autonomies in Spain, which has made it possible to identify the main causes that have led to the effort to design a new territorial organization has become mere expectation.

Therefore, the materialization of the regions has been criticized as an inclusion of a foreign model, indicating that the constituent legislator did not use the "virtue of political prudence" and did not yield to the rationality of the natural and traditional regions, Costa, Sierra, Oriente and Insular which are delimited.

On the other hand, it is considered as influential elements of constitutional utopia, social disinterest and government decisions. Having on its agenda other priorities than the materialization of the regions, a consequence of the economic, political, social crisis, and other factors that have prevented the political agenda from advancing, restructuring the State territorially is not a minor thing, that is, It is about generating structures that will be endowed with political power, since it would not make sense to create a region that will be dedicated to replicating the functions that another entity can carry out administratively, since the region makes sense if it is It endows it with a particularity added to what the central State can grant it.

For this reason, this research has tried to analyze this constitutional chimera called “Regional Governments”. Analyzing the catalog of competences of the Regional Decentralized Autonomous Governments and the possible causes that have prevented their materialization. Without leaving aside his own criticism with the sole purpose of contributing to the legal debate, within the framework of this constitutional balance that is proposed throughout this text.