Institucionalidad inclusiva y fomento de la inversión privada en los servicios públicos: el pensamiento de Acemoglu y Robinson aplicado al constitucionalismo ecuatoriano

The article reviews and analyzes the existing tension between statism and liberalism in the provision of public services in Ecuador, using the theoretical framework of inclusive and extractive institutions proposed by Acemoglu and Robinson. The main objective is to examine how the 2008 Ecuadorian Constitution and the jurisprudence of the Constitutional Court have influenced the balance between state intervention and private participation in strategic sectors, particularly in the health sector. The methodology is based on a doctrinal and jurisprudential analysis of five key rulings by the Constitutional Court, complemented by a literature review on public services and institutional theory. The research concludes that, although the Constitution and judicial decisions tend to favor a statist model, there are opportunities where inclusive institutions can promote public-private collaboration, provided that legal certainty, protection of private investment, and quality in the provision of public services are guaranteed. This conclusion highlights the importance of a balanced approach that allows for sustainable and fair economic development in Ecuador.