La importancia de la acción de lesividad como mecanismo de autotutela de la administración pública

Abstract

The present research work has as objective to treat the effects of lesivity action inside the administrative and judicial headquarters, as well as the procedure that must be carry out for its declaratory within the Ecuadorian legislation. It is necessary to introduce, identify and analyze the administrative act through its historical record, its evolution, juridical nature, the administrative and juridical effects, as it is established inside our juridical order. This paper work addresses history, evolution and juridical nature for the lesivity action. Likewise, some specialist writers on the subject are cited. A tour of the pertinent normative bodies such as the Constitution of the Republic, COGEP, ERJAFE, amongst others are done, in order observe the produced effects in the administrative and judicial headquarters. At the same time emanated jurisprudence it is mentioned by the Administrative Litigation Room of the Supreme Court of Justice, judgement of July 25, 2002. Due to the lack of a specific process about the lesivity action in a clear and orderly way inside our juridical order, it is necessary by means of this research work, to insert new information so the procedure becomes easier to any particular