Inequidad Jurídica entre el sector público con los particulares en el juicio contencioso administrativo respecto a la contestación a la demanda

2.1 SUMMARY The administrative contentious trial had its beginnings in our country when limits on administrative measures was established, empowering its challenge to independent agencies of government administration; today the Constitution of the Republic of Ecuador and has submitted to administrative and judicial review of the management of public power in holding that all administrative acts of public authority may be challenged in court, this is by special justice of administrative litigation, judgment is born strict relationship between government and the citizen, when one of these comes before the court in administrative litigation to restoration or recognize a right violated; administrative litigation is a special process that is always litigates against the public administration and a substantial solemnities of this process is the initiation stage that integrates demand, self acceptance and response, actions which deriving a series of legal problems and in which two conflicting rules relating to time answer to the complaint that bring problems of implementation and administrative law in case we need legal certainty, a problem that is the subject of this thesis research found is why this topic called "LEGAL INEQUALITY BETWEEN THE PUBLIC SECTOR WITH SPECIAL ADMINISTRATIVE CONTENTIOUS TRIAL IN RESPECT OF STATEMENT OF DEFENCE" research general objective "study the legal framework regulating the contentious actions investigated administrative ", which is a statement that covers the topic and research question and hypothesis and conjecture or anticipated response. With the study of the conceptual framework we have 6 understood that the writers of public law have thought about administrative justice and clarified its institutions and the need to harmonize the constitutional principles of administrative contentious judgments. With the doctrinal framework have studied the different currents on the subject have been raised and the need to establish a specialized objectives pursued by the presence of government in this case is demanded by justice administered. The legal framework with the objective was accomplished with analysis of the Constitution in its organic and dogmatic highlighting the judicial function in the specialized branch. Through research it has been shown that disputes between the public administration and justice managed to deliver two special laws relating the Law of Administrative Jurisdiction and the Organic Law of the Attorney General of the State in time the litigation these are treated differently for the answer to the complaint that in our opinion is a legal inequity time use locks which in practice violated rights of the citizens are those who enter the controversy. With the analysis of the current regulations establishing what the problems are arising and the need to reform and harmonize such laws to the actions of administrative litigation have uniformity and no prejudice is caused to the public body. Both the legal and conceptual framework clarify the problems detected in forensic practice and administrative law reform. In our work we have argued that this inequity under the watchful laws against 7 this very noble principle of legal certainty, in short what we have proposed as a conjecture or anticipated response has been contrasted with the final report that we have made in this investigation. After data analysis and field research the need for the National Assembly to harmonize the Organic Laws of the Attorney General and the Administrative Jurisdiction through reforms to them in order to provide uniformity is determined the conduct of the proceedings specifically the answer to the application granting equal rights to the parties entering litigation in administrative litigation specialist justice.

• Prif Awdur: Prado Quitilanda, Andry Emmanuel (author)
• Fformat: bachelorThesis
• Iaith: spa
• Cyhoeddwyd: 2015
• Pynciau: DERECHO; JURIDICA; PUBLICO CONTENCIOSO; ADMINISTRATIVO DEMANDA
• Mynediad Ar-lein: http://dspace.unl.edu.ec/jspui/handle/123456789/9952