Las alianzas estratégicas en las empresas públicas como un mecanismo alternativo a los procedimientos previstos en la Ley Orgánica del Sistema Nacional de Contratación Pública.

“Truth in law does not exist: law is not something that exists and must be discovered; rather, it must be invented within the limits of legal provisions”. (De Trazagnies, 2008, p. 30) This research targets strategic alliances in public companies as a legal mechanism that modifies the classic models of public procurement, towards an efficient combination of public and private resources, as a way to develop projects that generate increased income. Regarding the role of the State in Ecuador, this research specifically attempts to make a comparative analysis of the neoliberal and interventionist trends, through the use of a synthesis-analysis methodology that focuses on the historic evolution of public companies since the 1990s. The analysis of fundamental legal notions that govern the functioning, management and operation of public companies in Ecuador centers primarily on the determination of laws and procedure on public procurement, distinguishing the normal and special regime and the specific type of business from those mechanisms that allow for the exercise of the associative ability of public companies. This academic research attempts to conceptualize the term “strategic alliance”, currently defined as such in the Organic Law of Public Companies, through the identification of its essential elements and characteristics that differentiate it from other associative and contractual legal instruments. It also includes the consequences of an absence of procedural rules in Ecuadorian judicial regulations regarding Public Bidding, to select one or several private strategic partners to establish in specific terms, a public-private strategic alliance. Therefore, the general objective of this thesis is to describe pre contractual procedure that Ecuadorian public companies must follow, notwithstanding the specific type of business, to establish public-private strategic alliances, without infringing on constitutional principles that govern the procurement system for public companies. ; No existe verdad en el derecho porque ...