Insuficiencia de la regulación normativa en las diligencias preparatorias y el derecho a la seguridad jurídica en el proceso contencioso administrativo

ABSTRACT: Preparatory diligences appear in the history of Ecuador as a figure of Roman tradition aimed at obtaining essential elements considering a possible judicial process. They are currently regulated in the General Organic Code of Proceedings, a norm applicable to all matters except for criminal, constitutional, and electoral matters, so they are enforceable in the contentious administrative jurisdiction. However, their application in this area is scarce despite their importance. Given this problem, an analysis has been carried out to determine a possible violation of the legal certainty derived from the insufficiency of their normative regulation, which has been carried out through legal research with a qualitative approach, applied under a documentary and bibliographic analysis with the application of the legal-analytical, comparative-legal, dogmatic and case study methods. It was complemented by the application of an interview with a non-probabilistic intentional sample population made up of legal professionals who are experts in procedural and administrative law in Ecuador. In this way, it was possible to identify a problem of regulatory insufficiency regarding preparatory proceedings in the administrative litigation process. This aspect limits its application and affects the right to legal certainty

• Main Author: Paredes Alvarez, Andrea Estefania (author)
• Format: bachelorThesis
• Language: spa
• Published: 2024
• Subjects: Diligencias Preparatorias; Seguridad Jurídica; Insuficiencia Normativa; Contencioso Administrativo
• Online Access: http://dspace.unach.edu.ec/handle/51000/12227