La certificación del silencio administrativo como atribución del notario, como prueba en la vía judicial al amparo de lo dispuesto en el Código Orgánico Administrativo (COA).

Abstract

Background.- The administrative silence is due to the inaction of responding to a request or complaint of a person before an administrative body, a process that must follow a procedure indicated in the Organic Administrative Code, which determines the declaration before the notary as title to be executed in the judicial process, disregarding the principles of effectiveness, speed as a means for the realization of justice, and that its verification depends on the verification of the act that fits well its procedure before a notary, and to ignore the judicial procedure. Objective: Analyze the certification issued by the Notary based on the answer or verification that there has been no response to the request submitted by the user within 30 days granted by law, certification that will serve as a means of proof for the judge declare that the administrative silence has operated. The specific objectives: 1. To base the validity and legal efficacy of the right to address individual and collective complaints and requests to administrative and judicial authorities; 2. Analyze the guarantee to the administrator for the fulfillment of the claim of silence, by the action of the sworn statement to the presumed positive act; 3. Examine that the applicable standards for certification are correct and the person who applies them is aware of that legislation; 4. Reform Article 207 subsection 3 of the Organic Administrative Code as a requirement certification as evidence to be considered in the judicial process, that the administrative entity has incurred administrative silence; and, 5. Propose a reform of Art. 18 of the Notarial Law, in which a new attribution is given to the Notary to practice this type of proceedings. Methodology: Qualitative research design, with exploratory, descriptive and explanatory scope, of a nonexperimental transversal type. Results: The certification of the notary that the administrative entity has incurred in administrative silence is applicable as evidence that must be used in the administration of justice. Conclusions: A follow-up analysis of the certification of silence was carried out, as attribution to the Notary as evidence in the judicial process under cover of what is stated in the Organic Administrative Code.