Análisis del régimen jurídico del silencio administrativo negativo según el Código Orgánico Administrativo.

Abstract

In the present work, we will analyze the institution of the administrative silence, its legal nature, as well as the requirements for its configuration, its effects and its legal regime in the Ecuadorian legal system, which also includes the way this institution has been introduced in our legal system through different statutes like the Executive Branch Statute and the recently approved Administrative Organic Code. Likewise, it will be evaluated if the incorporation of the negative form of administrative silence goes against fundamental rights and the impugnation means that could be applied to this figure in the Administrative Organic Code.The importance of examining this institution implies that any citizen has the constitutional right to direct petitions to current authorities and to get an motivated answer to them according to numeral 23 of article 66 of the Constitution, right which would be in jeopardy because of the application of this legal figure that doesn’t involve an actual administrative act but anyway modifies the situation of the person.