Análisis de la inserción de buenas prácticas en Compliance público a través de un nicho legislativo como propuesta o reforma que genere seguridad jurídica

Abstract

This paper addresses the state of public Compliance in Ecuador through a comparative analysis with successful legislation in other countries, aiming to propose a suitable legislative niche for its implementation in Ecuador’s public sector companies. It examines the general foundations of Compliance, its historical evolution, and its importance in various sectors. Likewise, the study analyzes the current Ecuadorian regulatory framework on Compliance, with an emphasis on the Comprehensive Organic Criminal Code and the role of Compliance as a mitigating factor for the criminal liability of legal entities. Finally, a comparative study of the legislation in Spain and Brazil is conducted, evaluating its benefits and challenges for implementing such regulations in the Ecuadorian context. The paper concludes with a legislative proposal for incorporating public Compliance in Ecuador, based on international best practices and the local legal framework. This research highlights the need to strengthen legal certainty and transparency in public administration, promoting a governance model based on ethics and institutional integrity, while mitigating the risks of regulatory non-Compliance by public law legal entities.