El daño al proyecto de vida en la responsabilidad extracontractual del Estado ecuatoriano y sus parámetros de reparación integral

Abstract

Abstract: This research analyzes the doctrinal and procedural framework regarding "damage to one's life project" within the context of the Ecuadorian State's non-contractual liability and proposes parameters for comprehensive reparation. Employing a qualitative, doctrinal-legal, and comparative approach, the study examines the Constitution, the Organic Administrative Code, the General Organic Code of Procedure, the Organic Law on Jurisdictional Guarantees and Constitutional Control, and ten rulings from the Inter-American Court of Human Rights, the Constitutional Court, and the National Court of Justice. The findings indicate that there is no absolute legal vacuum: the life project is relevant in determining both the damage and the reparation, although it does not function as an autonomous right nor is there a uniform methodology for its assessment. Challenges arise regarding proof of the prior life project, the "before-and-after" comparison, the establishment of a causal link, and the individualization of consequences. A six-phase model is proposed to evaluate the intensity and proportionality of measures, serving as a guide for legal reasoning rather than a fixed schedule of compensation. The hypothesis is partially confirmed: a procedure does exist.