El ejercicio del derecho al debido proceso y sus garantías en el procedimiento contencioso administrativo

Abstract

This research work, starts from the fact the contentious administrative proceeding is the trial that poses a managed before the competent court, on pretentions based on administrative law rules where one of the parts is the State; for acts considered illegal and prejudicial to their rights. The performance of State institutions are presumed legitimate, because they target the common good, but there are cases in which the managed have resorted to litigation appeals to alleged abuses or excesses of power of such organizations, seeking the annulment of the contested acts for violating their interests. In this process and in the series of events that progressively unfold to culminate in a judicial decision, it must demonstrate the effective exercise of the right to due process and basic guarantees, observing the application of both the following principles: contradiction, advertising, legality, speed, immediacy, procedural fairness, etc. Being a relatively new subject, administrative matter, and even more, possessing in our legal system a guarantor Constitution, the exercise of constitutional rights requires proper guidance; as in the conduct thereof and having interest the State and the managed, can even be considered that principles and constitutional rights are violated or hierarchically diminished, for thatit has to be monitored the development of the initial, probation and resolution stages, which must be founded on the basis of rights of litigants, and under that great institution that is the due process.