El derecho a la propiedad frente a los bienes inventariados como patrimonio cultural de la ciudad de Riobamba

Abstract

With the validity of the Constitution of the Republic of Ecuador since 2008, the country became a State of law, which respects without condition the objective law and the subjective rights that may exist; in this way, the government will make use of its power following the current legal system. Private property legally recognized by the Constitution and international treaties have been compromised by the right to maintain a cultural heritage identity. The property's essence lies in free management of the property by the owner, except for the restrictions that the law promulgates for such effect. However, the protection of the cultural heritage mits the property owner's use and enjoyment, in the sense that no modifications can be made to the buildings listed as heritage, thus violating the freedom of decision that the owner has in the building. The Ecuadorian State proposed the "Sumak kawsay" or Good Living, as a public policy that seeks human dignity in every way. Hence, citizens have the right to live in decent housing; which is violated since patrimonial assets due to their age. They do not specify the necessities of habitability, which is a problem that has revealed the shortcomings in the legal system. The metropolitan and municipal GADs, as governing bodies, have not proposed solutions to avoid the violation of this right.