Análisis de la legislación procesal ecuatoriana acerca de la suspensión de la ejecución del acto administrativo y propuesta de una reforma a la ley.

Abstract

The main objective of this study is to analyze the Ecuadorian procedural legislation, specifically regarding the procedure for requesting the suspension of administrative acts, in order to propose a reform to Article 229 of the Administrative Organic Code. To achieve this objective, a methodology based on the hermeneutic-interpretive paradigm was used, allowing a deep understanding of language and legal concepts. Dogmatic, historical-legal, comparative, and interpretive methods were applied, complemented by an exhaustive documentary review and semi-structured interviews with a sample of five legal professionals, experts in Administrative Law and the topic of administrative acts. The study's results reveal a critical need for reform in Article 229 of the COA. It has been identified that the current legal framework imposes disproportionate restrictions on the administered, especially in terms of deadlines for requesting the suspension of administrative acts and the lack of an impartial review process. The conclusions point to the need for legislation that better balances administrative efficiency with the protection of individual rights, suggesting a reform that extends the deadlines for contesting and establishes an independent review mechanism. As a proposal, a reform of Article 229 of the COA is recommended, extending the deadline to request the suspension of administrative acts and creating an independent commission for its evaluation. In addition, detailed case studies, public consultations, and postreform impact assessments are suggested to ensure the effectiveness and fairness of legal modifications.