Inteligencia artificial en la administración pública y sus desafíos legales en Ecuador

This research analyzes the legal challenges posed by the incorporation of artificial intelligence (AI) systems into Ecuadorian public administration, justifying its relevance in the absence of a regulatory framework governing automated decision-making. The lack of specific regulation generates substantive risks for the principle of legality, the motivation of administrative acts, and due process guarantees, especially in contexts where algorithmic decisions may become opaque, unchallengeable, or potentially discriminatory. The central objective is to examine the legal implications arising from the use of AI in administrative management and to propose regulatory guidelines that ensure its legitimate, transparent, and rights-respectful implementation. Methodologically, the study applies a qualitative approach of normative and doctrinal analysis, complemented by a comparative examination of international standards such as the OECD principles, the European Union’s Artificial Intelligence Act, and the Ibero-American Charter on AI together with relevant regulatory experiences from France, Spain, and Estonia. The normative sample analyzed includes the current Ecuadorian legal framework, international instruments, and comparative legislation. The findings reveal legal gaps, a lack of meaningful human oversight, and insufficient mechanisms of algorithmic transparency to guarantee control, traceability, and auditability of automated administrative acts. Finally, the study concludes by proposing a reform of the Organic Administrative Code through the incorporation of a new Title XV and the creation of the Council for the Regulation and Ethics of Automation and Data (CREADI). This regulatory update is considered essential to ensure a legitimate digital transition that respects fundamental rights in automated environments.