Los vicios en las resoluciones administrativas y su incidencia en la garantía del debido proceso en el ordenamiento jurídico ecuatoriano

Abstract

Abstract: This research analyzed the incidence of procedural and substantive defects in administrative resolutions regarding the guarantee of due process within the Ecuadorian legal system. The study employed a qualitative approach, a theoretical-descriptive scope, and a documentary research design. Legal-dogmatic, analytical-synthetic, systematic, and hermeneutic methods were applied through a review of the Constitution of the Republic of Ecuador, the Organic Administrative Code, specialized legal doctrine, and ten Constitutional Court rulings issued between 2018 and 2026. The results identified the main procedural defects as a lack of notification, the omission of essential procedural steps, and deficiencies in the statement of reasons; key substantive defects included a lack of or exceeding of jurisdiction, the absence of prior legal prerequisites, and non-compliance with binding norms or precedents. These irregularities compromised the right to a defense, the requirement for a reasoned decision, legal certainty, and effective judicial protection. The study concluded that a finding of nullity depends on the severity and impact of the defect, and that adherence to jurisdictional limits, proper procedure, reasoned decision-making, and notification requirements is essential to ensure decisions are valid and consistent with due process.