INAPPLICABILITY OF COERCIVE JURISDICTION BY STATE SOCIAL ENTERPRISES

Abstract

The E.S.E. as a result of the fulfillment of their functions, have the power to offer the Health Promoting Entities and other natural or legal persons, service packages, which, in many cases, are not fully paid, looking like this affected the provision of health services, as well as the budget programming of said institutions. Thus, in response to the nature of the E.S.E and preventing a budget deficit, the legislator has endowed these with judicial instruments, to make effective the credits that are contemplated in their favor. Thus, the possibility of collection is contemplated, either via Civil Jurisdiction or Administrative Contentious Jurisdiction, thus leaving out the possibility of implementing its own jurisdiction, a Coercive Jurisdiction. Granting the power of coercive Jurisdiction to the E.S.E. unquestionably violates the right to equality and equity, since by returning the E.S.E., Judge and party, the balance of contractual relations is directly affected, by means of which, it competes freely in the activity of the provision of the health service, since the E.S.E, have their own management activities and not authority, similar to those that could be developed by an individual, thus being inadmissible and exorbitant, the attribution of a Coercive Jurisdiction.