Elaboración de la reforma legal a la Ley de la Jurisdicción Contencioso Administrativa, en materia de medidas cautelares

Abstract

The Ecuadorian administrative legal system is based on norms previous to the Constitution of the Republic of Ecuador 2008 and to the Organic Law on Jurisdictional Guarantees and Constitutional Control. Such norms are the ERJAFE and the Law on Administrative Jurisdiction. The ERJAFE only contemplates the injunction to suspend the administrative act, without including any other different type of measure, contravening Articles 11 No 3 and subsection 2 of Art. 426 of the Constitution which establish that administrators of justice are required to directly and immediately implement constitutional and international norms, which are favorable to people, to avoid the threat or violation of those rights. Therefore, in spite of the existence of constitutional parameters, legal principles "pro homine" and direct applicability, judges have not assumed the role required by neo constitutionalism, but remain subject to the principle of administrative law, prioritizing state interests over those of individuals.