Inteligencia artificial y detección de irregularidades en la contratación pública ecuatoriana: alcances, límites y riesgos jurídicos del artículo 21 de la LOSNCP reformada

Abstract

The incorporation of artificial intelligence into public administration has promoted new strategies to enhance transparency, efficiency, and the oversight of public resources. In this context, the present study examines the application of artificial intelligence to detect irregularities in Ecuadorian public procurement, using Article 21 of the amended Organic Law of the National Public Procurement System (LOSNCP) as the legal framework. The research problem lies in the inadequacy of the current legal framework to comprehensively regulate the use of these technologies, which may generate legal uncertainty regarding transparency, administrative accountability, and the protection of fundamental rights. The objective of this article is to analyze the relationship between the use of artificial intelligence to detect irregularities and the strengthening of transparency and legal certainty in Ecuadorian public procurement, in light of Article 21 of the amended Organic Law of the National Public Procurement System. The study adopted a qualitative approach, using a documentary review methodology with a descriptive-analytical scope. The literature search was conducted using the Boolean method in specialized scientific databases, considering publications from the last five years. The findings revealed that artificial intelligence facilitates the early identification of risks and irregularities, improves control mechanisms, and strengthens institutional transparency. However, regulatory gaps were also identified concerning algorithmic transparency, auditing of intelligent systems, personal data protection, and legal liability arising from automated decisions. It is concluded that artificial intelligence has significant potential to modernize Ecuadorian public procurement, provided that its implementation is supported by a comprehensive regulatory framework that guarantees legal certainty, due process, human oversight, and the protection of fundamental rights.