El control de legalidad en los procesos de excepción a la coactiva según el COA.

Abstract

This thesis examines the legality control of exceptional processes within coercive administrative procedures regulated by Ecuador's Organic Administrative Code (COA). It explores how this mechanism of administrative self-enforcement enables public authorities to efficiently enforce obligations, while posing challenges to ensuring the effective protection of the fundamental rights of those subject to enforcement. The study focuses on the current legal framework, the nature of the defenses available against these procedures, and the judicial oversight that guarantees due process and effective protection. Legal gaps and practical difficulties are identified, including the application of precautionary measures without prior judicial approval, the requirement of advance payments to exercise the defense, and unclear procedural deadlines. Finally, recommendations are made to balance the State's coercive powers with constitutional rights, promoting a more just and transparent public administration.