La indebida motivación en los actos administrativos y la vulneración de los derechos.

Abstract

This research analyzes the link between inadequate legal justifications in public decisions and the infringement of defense rights and the due process within the legal system of Ecuador. Our Constitution and our Administrative Organic Code explicitly establishes that is a duty to justify every decision made by the public administration, in practice, the administrative acts are issued with deficient argumentations, resulting in the violation of people’s rights and guarantees. The research, conducted from legislative perspectives and judicial precedents, demonstrates that the problem lies not in current legislation, but in the implementation of actions by public entities. Following this theory, it is clear that the lack of justification constitutes a violation of due process. Therefore, we consider it essential to reform Article 100 of the Organic Administrative Code, expressly stating that the omission of justification in acts and resolutions issued by state authorities will lead to the application of sanctions equivalent to the harm caused. Thus, promoting a culture of respect for constitutional rights.