THE FIGHT AGAINST CORRUPTION IN ECUADOR: EVALUATION OF LEGAL INSTRUMENTS AND THEIR EFFECTIVENESS IN PREVENTING AND PUNISHING POLITICAL CORRUPTION

Abstract

Political corruption is a significant structural challenge to the consolidation of democracy and sustainable development in Ecuador. This article provides a thorough examination of the legal mechanisms available in the country to combat political corruption, encompassing both preventive measures and sanctions. A comprehensive review of legislation, doctrine, and case law was conducted to inform the analysis of the 2008 Constitution, the Comprehensive Organic Criminal Code, the Organic Law on Transparency and Social Control, and other pertinent legal frameworks. Additionally, an examination of international treaties ratified by Ecuador was undertaken to provide a comprehensive overview of the nation's legal framework in relation to international obligations. The efficacy of these mechanisms is evaluated in light of emblematic cases and the Ecuadorian institutional context. The research concludes that, despite the existence of a robust legal framework, structural limitations persist with regard to judicial independence, the politicization of control institutions, and the ineffective implementation of regulations. The recommendations put forth are designed to enhance the rule of law and strengthen democratic institutions.