Implicaciones de los actos administrativos emitidos por las Fuerzas Armadas en la garantía del debido proceso y derechos fundamentales del personal militar ecuatoriano.

Abstract

Background: In the Ecuadorian legal framework, administrative acts issued by the Armed Forces represent expressions of public authority subject to the principle of legality and constitutional control. However, their hierarchical and disciplinary nature has often led to disputes related to motivation, impartiality, and the observance of due process. Objective: To analyze the legal nature of administrative acts within the Armed Forces, particularly in the Ecuadorian Air Force, by identifying the most common violations of due process and legal certainty, as well as the standards established by the Constitutional Court and legal doctrine for their correction. Methodology: This study applies a qualitative and descriptive approach based on the analysis of constitutional, legal, and regulatory provisions, complemented by jurisprudence from the Constitutional Court and specialized doctrine on military administrative law. Landmark cases are examined, including the Air Force Troop Council case, Lieutenant Flores’s case, and Captain Guacho’s case. Results: The main institutional shortcomings identified include insufficient reasoning in administrative acts, the retroactive application of norms, the lack of comprehensive evaluation of medical evidence, and the absence of impartiality in disciplinary proceedings. Conclusion: Respect for the Constitution and the legal hierarchy requires military authorities to provide adequate reasoning for their decisions, guarantee the right of defense, and avoid discretionary sanctions. Strengthening internal administrative control and enforcing the COA and LOPDFA are essential to consolidate legal certainty and institutional legitimacy.