Procesos de requisición dentro del estado de excepción decretado por la COVID-19: estudio aplicado en la provincia de El Oro

Abstract

COVID-19 is an infectious disease discovered in Wuhan - China in the year 2019, which generated a worldwide impact with its expansion, arriving in Ecuador on February 29, 2020, When the public health Ministry registered the first case of coronavirus in the country, this disease brought with it a myriad of dire consequences both locally and globally; Consequences within which are death and problems in each state or country; These problems focus on the economic, health and education, among others problems from which situations arose before which the State had to respond in order to satisfy the society needs, Inside of these needs was the fact of taking the appropriate measures in order to face the expansion of the COVID-19 Virus, that was declared a global pandemic by the World Health Organization (WHO) on January 30, 2020, Therefore one of the measures applicable to the situation was to resort the imposition and implementation of a requisition process, this being the question why work focuses on the requisition process within El Oro Province in Ecuador, as a measure for the solution of those problems within the socio-state administrative area, carried out by the Emergency Operations Committee (COE). The objective of this investigation is to analyze the requisition process as a competence of the Provincial COE in order to determine if in this province, there was the proper application within the Exception State as a consequence of COVID-19, following in strict compliance with the established in the Constitution of the Republic of Ecuador, and in the other laws that have been created to regulate their correct application for the purpose of requisitioning goods or services that allow solving the need or lack of these for the duration of the situation, same that until now have been controlled under presidential decrees within which the applicability of Exception State is resolved in order to avoid a massive infection due to an increase in infections in society by coronavirus. To meet the objective set within this project, the use of research techniques was used such as the bibliography through which the necessary information for its development was provided, On the other hand, the documentary research allowed us to analyze a large number of academic works, books and concepts on requisitions in different perspectives of doctrinaire related to the field of law; Through the interpretation of the theoretical, practical, objective and subjective elements of the law itself, giving us a legal approach to constitutionally carry out an analysis of how decisions were made by the Provincial Emergency Operations Committee in the Exception State, On the other hand, regarding the methods used in our present work, they were the exegetical method for the study of legal norms; and the inductive – deductive method that opened the way to the constitutional study and thus be able to understand in a focused way what was performed by the Provincial Emergency Operations Committee in El Oro.