Erronea denominación del acto de inicio del procedimiento administrativo sancionador como acto administrativo.

Abstract

Administrative procedures in Ecuador are very interesting topics of study. Perhaps there are already issues that have been overcome from the point of view of great jurists who have helped us understand this branch of Law, but there are other issues that have not yet been fully overcome. Understand as surpassed, the understanding of a subject and that all the jurists coincide with a criterion. The present work focuses on the actions of the public administration and the order to initiate administrative procedures, its effects and transcendence in practice. This helps, in practice, both those administered and operators of Administrative Law (public officials), understand the elements and differences of the actions of the administration. The purpose of all this is to ensure due process and legal security, two very important institutions in Law that the Administration itself must practice efficiently. Even, the legislator must be outside the practice of Law, in order to be able to create and modify norms according to the current reality of society. The mistaken name of the order to initiate the sanctioning administrative procedure as an administrative act, has caused the effects to be confused, both for the operators of the procedures and for the administered. In the present work it has been clarified that the start order is an act of simple administration, therefore, it has different legal effects as the norm itself mentions when calling it an administrative act.