Uso indebido del silencio administrativo ante la justicia.

Abstract

The administrative silence is a legal figure that implies a punishment for the public official for his non-observance or inactivity before a procedure in which the administered ones participate, but the bad application of this legal figure has been seen in Ecuador. It is for this reason that it is necessary to develop the issue of misuse of administrative silence before the Ecuadorian justice, which entails making an analysis of the cases in which this legal figure has been poorly executed, an issue that will be developed in the first chapter. For the development of the second chapter, it will deepen not only the jurisprudence issued, but also the analysis of the articles contemplated by administrative silence in the new Organic Administrative Code. Once the analysis of the jurisprudence is finished, in accordance with the respective legal bodies, I will proceed to the conclusion and due personal recommendation.