The article examines the authority of the State in the context of public contracting as established by the Constitution of Ecuador. It underscores that the State's power can lead to potential abuses, but the Constitution provides rights for individuals to seek effective judicial protection against such abuses. Specifically, it discusses Article 173 of the Ecuadorian Constitution, which allows administrative acts by State authorities to be challenged in both administrative and judicial ways, emphasizing that any law preventing judicial action would be unconstitutional.

Particularly, the article critiques an amendment to the Public Procurement Law introduced on October 14, 2013, which stated that constitutional actions could not be admitted against unilateral contract termination decisions. The article argues that this provision undermines the constitutional rights of individuals by suggesting that other adequate means of defense exist, which it asserts are insufficient for protecting rights in such scenarios. This creates a legal framework that could potentially deny citizens their right to judicial recourse when faced with abuses by the State.

Furthermore, the piece highlights the broader implication of this legal struggle, noting that ensuring access to judicial protection is crucial for upholding the rule of law in Ecuador. By pointing out the inconsistencies in the law and its conflict with constitutional rights, the article calls for scrutiny of legislative actions that may threaten individual rights and judicial access, emphasizing the need for upholding constitutional provisions even in the realm of public contracting.