El Silencio Administrativo en el Ecuador, ¿permite dicho sistema acceder a que los derechos sean efectivizados ante la inactividad de la Administración Pública?

Abstract

Public administration is obliged constitutional and legally to pronounce in relation to any petition made by the managed. Against the omission of this obligation has been conceived the need to regulate in our legislation a mechanism enabling the managed to overcome the inefficiency and ineffectiveness of the public administration; here was born the institution of administrative silence, a figure that is regulated in our legislation, the article 28 of the Law of Modernization of the State, privatization and provision of public services by the private sector. The Judicial Function have issued resolutions and sentences related to this institution, that have allowed supplementing several constants in the cited standard flaws, and provide clarity to the figure of the administrative silence. This research aims at an analysis of the proposed standard, existing doctrine around the administrative silence, comparative law, and the judgments and jurisprudence issued, seeking through this thesis work to propose a reform to article 28 of the aforementioned law that ensure the protection of the rights of the Administration and the managed.