La suspensión de la ejecución del acto administrativo impugnado en los procesos contenciosos administrativos.

Abstract

The procedural law within the Ecuadorian legal system, in which applies the rule of law guaranteeing rights, it holds the precautionary measures for the judicial procedures between privates and those that the State intervene as one of the parties. This way, the judicial rule is written as a consequence of the principal of protection for the administered against the excessive relationship that happen in the tax and administrative judicial procedures; inside this process, the precautionary measure that has better range is the suspension of the administrative act, that overcome the legitimacy and enforceability assumptions that it possesses. However, its application depends on the process. Currently, the provisions of the law respect the suspension of the administrative act in the contentious administrative generate legal uncertainty for the administered and not produce the entire protection that it could, when it’s applied other means already acknowledge by the legal procedure itself. This, the omission of the application of those alternatives generates a situation of disadvantage unjustified for the individual, despite that the legislation it is on the way of the supposition of an efficient guaranteeing law.