El silencio administrativo como garantía del administrado en la aplicación de su derecho de petición

Abstract

The right to petition in favor of the constitutional guarantee given implies a correlative obligation to settle for administration, to be explicit pronouncement, reasoned and timely on the petition or complaint raised.

Administrative negligence violates the fundamental right to petition, the same as it is protected by the Administrative Silence, which aims to leave no defenseless to the petitioner, approves, authorizes and gives a positive content to the petitioner, which an administrative act alleged derives autonomous and independent of the causes that generate it, gives a legal right to the unchangeable even by subsequent administrative pronouncement administered.

The alleged materialized and executive act, allows demanding immediate compliance with the law generated in administrative or judicial proceedings through enforcement action and not of knowledge. Not all content issued by the Administrative Silence is executable. In this paper, the scope of administrative silence has been defined; those essential requisites for its validity and enforceability were identified as unsuitable validation flaws, judgments that admit and not admit Administrative Silence were analyzed.