El silencio administrativo positivo en el recurso de apelación y sus efectos jurídicos en sede administrativa

The fundamental purpose of this investigation is to analyze the legal vacuum that exists in the Organic Administrative Code, specifically in article 230, that is, that the aforementioned article does not contemplate the consequences or legal effects if the highest administrative authorities of the institutions do not resolve the appeal filed by those administered within a period of one month as prescribed by the positive rule. Failure to comply with said deadline generates legal uncertainty and, without a doubt, constitutes an obvious violation of rights, among them, the right to due process, and its various guarantees. The methodology used in this research is descriptive-analytical, starting with a mixed approach that combines, on the one hand, the qualitative analysis that occurred in the conceptual, theoretical and legal foundation of the research, and on the other hand, the quantitative analysis, based on the statistical study of the information collected in field research. The deductive-inductive, analytical-synthetic, dogmatic-legal and comparative law methods were applied. In addition, techniques such as bibliographic review, case studies and the application of a survey aimed at lawyers in free practice of the profession in the city of Loja were used. The conclusion reached is that the rights of those administered are effectively violated when the highest authority of the institution that has the obligation to resolve the appeal, does not comply with the deadline to resolve and notify the appeal. As a possible solution and to avoid violation of rights, it was determined that it is necessary to incorporate positive administrative silence as a legal consequence for such non- compliance.

• Auteur principal: Cuenca Minga, Ángel Gonzalo (author)
• Format: bachelorThesis
• Langue: spa
• Publié: 2024
• Sujets: DERECHO; DRECHO PROCESAL; DERECHO PENAL; SILENCIO ADMINISTRATIVO
• Accès en ligne: https://dspace.unl.edu.ec/jspui/handle/123456789/30479