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Efecto de las causales de suspensión de actos administrativos en el proceso administrativo
(Universidad de Cuenca, 2023-06-29) Molina Salgado, Xavier Antonio; Vázquez Ochoa, Paúl Andrés
The conduct of public institutions is expressed in Administrative Acts (AA), and in fact, their legal nature is inherent to administrative law, which is protected by respect for the rights of those governed. In this regard, this investigation seeks to determine the effects of the suspension of administrative acts established in the current Ecuadorian regulations. To this end, a qualitative methodology is employed, involving doctrinal-juridical analysis of the phases to be fulfilled in such acts. Indeed, theories related to the invalidity of AAs are addressed, as well as the analysis of the procedure and the suspension process established in the Administrative Organic Code and the General Organic Code of Processes. Among the main findings, the application of the organic-functional theory for compliance with regulations in the public sector is identified, and likewise, the legislation contemplates the corresponding regulation regarding suspension. As for the effects, the appearance of good law, the danger in delay, irreparable damages, and nullity by operation of law were identified as part of the suspension process of the administrative act, which, in certain cases, may infringe on the rights of the individual due to the supremacy granted to the execution of the AA