Corruption represents a serious threat to the rule of law and sustainable development throughout the world. It has a disproportionate and destructive effect on society itself, but it is also, quite simply, bad for business.
In this scenario, local and foreign anti-corruption laws have been implemented that are mandatory for companies. One of the main laws in this area is the United States Foreign Corrupt Practices Act, which prohibits US companies or their subsidiaries from making payments or gifts to foreign public officials in order to obtain or retain business; these prohibitions extend to third parties: suppliers, consultants or agents. Countries such as Great Britain, Spain, Canada, China, and Brazil have issued similar legal regulations with the aim of sanctioning corrupt practices abroad.
We offer technical advice focused on strengthening compliance with the different anti-corruption and bribery regulations.
Natural and legal persons in Ecuador, in the exercise of their activities, within the current regulatory framework are subject to review of their actions.
Los organismos de control con base en sus competencias constitucionales y legales desarrollan actividades de verificación regularmente bajo planificación o por imprevistos; siendo pertinente que al momento de interactuar con el órgano estatal contar con el asesoramiento legal necesario tanto en sede administrativa como judicial, con el fin de que no se vulneren derechos, no exista abuso de poder o la imposición de sanciones ilegales.
Taking preventive measures reduces risks and protects the assets of those audited, as well as avoiding future sanctions.
Public procurement refers to the purchase by governments, public entities and state companies of goods, services and works; represents a substantial part of taxpayers' money, therefore it is expected that they be carried out efficiently and with high standards of conduct in order to guarantee the quality of the provision of the service for which it is acquired and safeguard the public interest.
Our practice focuses on technical advice to natural and legal persons, national and foreign, domiciled in Ecuador in the review of terms of reference prior to the presentation of their offers in any type of pre-contractual procedure at the national level. We also advise our clients so that they present their intentions optimally and develop contractual commitments with the Public administration, respecting the principles regulated in the Organic Law of the National Public Procurement System. In the event of divergences within the branch, we are ready to analyze the best options to reduce your risks.
Diego Torres Borja
It is the branch that is responsible for the regulation of the Public Administration, therefore, it is the legal system regarding its organization, its services and its relations with citizens. Its focus is the organization, means and forms of the Public Administration, understood as the State in activity, as well as the consequent relations between it and other subjects.
Our practice is designed to resolve high-risk and complex matters, providing legal advice to public entities, individuals and legal entities, national or foreign, on their relations with the Public Administration.
Our services include the promotion, processing and challenge of acts and resolutions issued by the Public Administration in the different types of administrative, sanctioning, regulatory and general or specialized public contracting procedures.
It is a branch of Public Law that studies the sources, principles and laws that determine the organization of the State. The Constitution is the main law and the basis on which the entire legal structure is developed. Its purpose is to guarantee and protect the rule of law.
The practice and exercise of Constitutional Law serves as an optimal mechanism to seek the correct application of constitutional precepts, establish limits to the powers of the State and enforce fundamental rights and constitutional guarantees.
Our services cover the promotion and processing of protection actions, precautionary measures, habeas data, habeas corpus, extraordinary protection actions and unconstitutionality actions.
Natural and legal persons for their acts and omissions can be sanctioned administratively, civilly or criminally by state control bodies for having committed omissions or acts contrary to law. However, sometimes actions are initiated in a discretionary manner and arbitrary sanctions are imposed, which produces violations of due process, legal certainty and the principle of innocence.
To avoid this, it is necessary to have specialized advice so that the rights of the companies are not violated by the abuse of power, thus we provide advice to natural and legal persons, national or foreign, in administrative, judicial and constitutional settings.
In the global context, the homogenization of services and products must meet quality and excellence standards to satisfy the basic needs of citizens.
The development of activities and relationship with the Public Administration denotes a series of variables that are often unpredictable, especially because there are complex interpersonal relationships involved. For this reason and knowing the dynamics of the country in its different jurisdictions, we are ready to serve the citizen, as well as national and foreign companies, in providing specialized advice on specific regulations within the industry so that the principles described in the Constitution and related regulations are fully comply and do not violate Human Rights, especially in the electricity sector.
In addition, we are ready to advise on issues related to administrative and special contracting, such as issues after the closure of projects where, due to the principle of transparency, it will be necessary to audit what has been executed, becoming strategic actors to safeguard the interests of clients.
It is a specialized branch of public law made up of a set of rules of different sources and nature that regulate the organization, powers and functions of the Parliament, as well as the parliamentary relations created under its protection.
Its purpose is that through compliance with its rules, the desired result is obtained, that is, the elaboration of good laws and the making of correct collegiate decisions that serve to facilitate the coexistence of all members of society.
Our services are focused on parliamentary advice, legislative technique that allows legislating clearly and effectively, giving unity and coherence to the legal system; research and preparation of bills.
Economic Criminal Law is a very topical interdisciplinary area, it is a very broad specific branch of Criminal Law that encompasses all types of criminal behavior that legal persons may incur from socioeconomic, corporate, customs, tax, stock market crimes, money laundering, corruption public and private, means of payment fraud, bribery, among others.
The function of Economic Criminal Law is to protect society from conduct that endangers the economic order understood as the legal regulation of the production, distribution and consumption of goods and services.
Our services allow our clients to have specialized advice to identify criminal risks, sponsorship, defense and private prosecution in matters related to Economic Criminal Law, in each and every one of the phases of the criminal process before the courts and tribunals.
It includes the analysis of the legality of the regulations, the preparation of reports, the verification of their compliance, as well as the defense of the rights of natural and legal persons against the State Administration.
Our services allow clients to meet their objectives in different industries and strategic sectors, allowing them to fully comply with the requirements established in each area.
Correct legal advice prevents conflicts, mitigates risks, allows generating business opportunities and achieving the objectives established by each client in the public and private spheres.
To find solutions to future businesses or complex issues that require solemnities and extreme trust, we are ready to analyze your case and verify if the figure of the trust fits your needs to enhance your personal or commercial interests.
Our insurance practice guarantees the signing of your contracts, ensuring that the general and specific clauses meet your expectations, especially with regard to the Public Administration, ensuring that there are no abusive claims.
We represent our clients in administrative headquarters before the competent bodies to present claims and audits, as well as in jurisdictional headquarters.
Diego Torres Borja
A litigation is a legal dispute or confrontation that results in a trial; all those aspects on which there is controversy between the parties and with respect to which the court must resolve are called contentious points. When two opposing parties have not been able to reach an agreement on a specific issue, they reach a dispute seeking a judicial resolution, with a judge who resolves the conflict through a sentence. However, before making the decision to initiate litigation, it is advisable to reflect on the viability of a prior agreement, since the result may have consequences for the parties.
We sponsor all kinds of processes in court and arbitration; our practice covers the areas: civil, contentious-administrative, constitutional, economic criminal and public contracting.
Ecuadorian legislation establishes Mediation and Arbitration as alternative conflict resolution mechanisms, which depend on the will of the parties and do not require traditional judicial procedures.
Both the arbitration procedure and the mediation entail many advantages and benefits, among them: it allows a solution in less time than that required by a judicial process, it minimizes the cost of a judicial process, it allows the parties to intervene in the solution of the conflict, it contributes to preserve the relationship between the parties, they are flexible and there is confidentiality.
For this reason, they are an ideal, safe and fast alternative to obtain a definitive solution to contentious issues in a peaceful and effective manner.
Diego Torres Borja
Residential Utilities Services constitute a special category; are these that are provided in a universal, continuous, efficient, compulsory manner, in equal conditions and quality to all users, through physical or human networks in their place of residence or work, with a special legal regime of public law, with the direct participation of the Public Administration in its provision, regulation and control.
They are irreplaceable goods and their provision is an economic activity, which must seek to satisfy the essential needs of the population, for the benefit of improving their quality of life and materializing their fundamental social rights. (Constitutional Court of Colombia 1991).
The purpose of the State is to achieve the well-being of all the citizens that comprise it; the lack of an efficient and effective provision of utilities services would undermine this, since it constitutes a violation of the Human Rights of individuals and communities.
Our services are focused on compliance with your legal regime, advice and sponsorship in all procedures.
Emails:
dtorres@torres-saldana.ec
etorres@torres-saldana.ec
Phones:
07 2 84 51 36
Office:
Calle Sucre 6-60
Bolivar Building. 3rd Floor, office 303 A
Cuenca - Ecuador
