Problema de ejecución del silencio administrativo positivo en el Ecuador.

Abstract

Administrative silence generates presumptions of resolution regarding the request made by the applicant. However, in Ecuadorian legal practice, there are problems when executing these administrative acts presumed from positive administrative silence. The issue lies in the fact that the regulations stipulate that these acts should be treated as execution titles, but at the same time, an examination of their validity as administrative acts is required. By treating them as execution titles, judges and procedural parties are constrained in carrying out procedural acts, leading to arbitrariness that can leave both the applicant and the administration defenseless. The paper analyzes the institutions related to the execution of these types of acts and what procedural regulation would be most appropriate for the nature of presumed administrative acts. If the purpose of positive administrative silence is to provide certainty to the applicant through a response, the discrepancy between the purpose outlined by the law and legal practice creates a barrier to material access to the right of petition, which is protected by this instrument.