La suspensión del acto administrativo en sede judicial.

Abstract

When the Administration resolve to create an act that can cause negative consequences to other people, the State will provide them with a mechanism in order to protect their rights, but first it´s important to consider if the requirements are complete to stop it´s effects. This important mechanism it´s known as “the suspension of the administrative act”, in Ecuador you can find two ways to halt the act, the administrative way that is established in the Administrative code called in Ecuador “ERJAFE” and the jurisdictional way in the Código Orgánico General De Procesos. The problem is that it is not sufficiently regulated and the article does not include an important part of the jurisdictional process, “the hearing before the judge”. There is a huge problem for the legislative branch that approve a law against constitutional right that all the citizens in Ecuador have when they are a party of the process. If the legislative power wants to create a law in order to control the damage that some administrative decisions can bring, they must study the institution first, in order to avoid some future problems with the citizens and the State.