Efectos del silencio administrativo y procedimiento para su declaratoria en el sistema legal ecuatoriano

Abstract

The presentation and objective of this investigation work, is about the effect of the Administrative Silence and also the procedure to be carried out, and for its declaration within the Ecuadorian legislation. It is necessary to start with the background, evolution, legal nature, effects, and the previous procedure as the judicial, front the administrative jurisdiction. The substance of Administrative Silence is based on the protection of the administrated rights, and whit the eeffectively exercise of the “petition right”, it becomes concrete. Toverifythis, I use importantbiography as: Ley de Modernización del Estado, COOTAD, ERJAFE, Código Tributario, Ley Orgánica de Contraloría, Ley Orgánica de aduanas, etc. In the other hand, I have remitted to doctrinaire studies and Ecuadorian jurisprudence, where I searched for the most important verdicts, to analyze, all the requirements, time limit, and the operability about this legal instrument. The purpose of this monograph is to contribute in the solution and the precise use of the Administrative Silence, because, the utility of this legal instrument in the actuality is not the correct one; it is necessary to know how it is used, and how effective is its scope. This investigation is going to contribute whit important a relevant recommendations.