El acto de simple administración y su incidencia en el derecho a la defensa dentro del procedimiento administrativo sancionador en Ecuador.

Abstract

Acts of simple administration in Ecuadorian law imply the manner in which the administration expresses its will for its internal organization. This is reflected in reports, opinions, summaries, among others, which by their nature are unassailable and generate individual and indirect effects. In this sense, they are also reflected in administrative procedures, especially in sanctioning administrative procedures. On many occasions, public administrations tend to use acts of simple administration to justify their actions, which prevent citizens from exercising their right to defense, and the administration arbitrarily issues resolutions without complying with procedural guarantees. This work determines the suitability of acts of simple administration in the substantiation of sanctioning administrative procedures, especially when the final opinion is issued and not notified. The implications for doctrine are detailed, and a review of practical cases is established to identify the main problem. Finally, a comparison is made between practical cases to diagnose the administration's shortcomings in the conduct of these procedures.