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 a series of rules prior to the Constitution of the Republic and the Law on Jurisdictional Guarantees and Constitutional Control, such as the ERJAFE and the Law on Administrative Jurisdiction, contemplating in the first only the measure Precautionary measure of suspension of the administrative act, there being no other measure of our kind, which contravenes, especially Arts. 11 N ° 3 and the second paragraph of Article 426 of the Constitution of the Republic, since the judges and judges are obliged to apply directly and immediately the constitutional and international human rights norms that are more favorable to the human person , These principles being applicable to avoid the violation or threat of violation of said rights. The fact is that existing the constitutional and legal parameters and principles "pro homine" and direct applicability, our judges and judges have not assumed the active role required by neo constitutionalism, but continue to be governed by the principle of administrative legality, Prioritizing the interests of the State over those of the human person, there being no initiative in our Constitutional State of Rights and Justice to remedy the legal omissions that still exist in our legal system regarding precautionary administrative measures