El silencio administrativo positivo y su falta de aplicación en el Ecuador.

Abstract

The purpose of this title work is to analyze the legal regime of the administrative silence in Ecuadorian legislation, as such as its definition or characteristics and on a judicial process, as well as determine its legal basis, the importance in its application and the practical reality that arises in the relationship of the citizens with the public administration with the exercise of his constitutional right of petition. The legal figure of administrative silence is manifested and takes its place in the Ecuadorian legal system, regarding the lack of resolution of the administration before a request or claim of the administrator, within a legal term granted, thus punishing the inactivity of the institution in favor of individuals. The approach granted by the Organic Administrative Code to the institution of administrative silence for the benefit of the administrator and its legal quality of title of execution, are not simple in its application and consequently requires a thorough study presented below.