La interdicción de la arbitrariedad en las decisiones adoptadas por las autoridades públicas.

Abstract

The constitutional principle of interdiction of arbitrariness is guaranteed in the Administrative Organic Code, and the Constitution, based on its fundamental pillars guarantees this as the prohibition of an act contrary to the law that every institution, organism and level of government of the public sector must observe in each of its administrative decisions. This principle of technical character has its pillars in the principles of legality, equality, motivation, rationality, legitimate confidence and others that contribute for it to be present in the acts and administrative actions, which affect the administrated legally. In the present work, we address the identification of arbitrariness in the discretionary administrative acts, and the vulnerability that causes to the administrated, the non-observance of the principle of interdiction of arbitrariness from the public servants, whom in practice execute, exercise and issue based on the powers present in the administration.