El silencio administrativo y la afectación al derecho constitucional de petición en referencia a las solicitudes realizadas por los usuarios al GAD de Riobamba
ABSTRACT: The present investigative work analyzes the figure of administrative silence that, without being recently created, its application has not been widely exploited by the administration. An analysis is carried out from its origin, development, and current conception, especially in its legal l...
-д хадгалсан:
| Үндсэн зохиолч: | |
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| Формат: | masterThesis |
| Хэл сонгох: | spa |
| Хэвлэсэн: |
2023
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| Нөхцлүүд: | |
| Онлайн хандалт: | http://dspace.unach.edu.ec/handle/51000/10236 |
| Шошгууд: |
Шошго нэмэх
Шошго байхгүй, Энэхүү баримтыг шошголох эхний хүн болох!
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Шошго нэмэх | Тойм: | ABSTRACT: The present investigative work analyzes the figure of administrative silence that, without being recently created, its application has not been widely exploited by the administration. An analysis is carried out from its origin, development, and current conception, especially in its legal link with constitutional rights, mainly the right of petition and motivation, to facilitate its understanding and application. For this, an analysis is made of the administrative act, its validity requirements, and its effectiveness, based on a study of sentences of the highest magistracies, in contrast to the regulatory bodies that govern it; Likewise, its structure and components to be observed determined in the Organic Administrative Code (COA) are analyzed, all this under the provisions of the Constitution of the Republic of Ecuador, which, among other aspects, establishes that the resolutions of the public powers must be motivated, being null the administrative acts, resolutions or rulings that are not duly motivated, everything referred to is contrasted with the main sentences issued by the Constitutional Court in this area, complementing, from a general perspective, with the jurisprudence of the Court Inter-American Human Rights that is not only reiterated, but also consolidated. Additionally, a study is carried out on the constitutional right of petition, its elements, characteristics, and its relationship with administrative silence, complemented with an analysis of the vices and nullities of the administrative act that come from the figure of administrative silence. Keywords: Administrative Silence, Right of Petition. |
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