Maestrías

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Browsing Maestrías by Subject "Administración pública"

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    Análisis y aplicación de la acción de lesividad dentro de la Administración Pública
    (Universidad de Cuenca, 2023-04-25) Guillén Montenegro, Andrea Patricia; Méndez Álvarez, Álvaro Javier
    The administrative compliance and enforcement powers is the mechanism that the public administration can use in its favor during an adequate time, since, after having generated a valid administrative act, but flawed, it will be able to rectify this unfavorable act without having to go to other instances. That said, it should be noted that the administration as guardian of the public interest must be supported by the legal system. And, it has the obligation to restore that violated legality or restore the legal system if it is violated. Public administration in protection of this public interest, which is a combination of principles and daily actions that favor the community over personal interest. However, when the administration realizes that it generated an annulment act with enforceable effects, and it is not possible to revoke it exclusively in administrative proceedings, they will go to court applying the detrimental actions to obtain judicial nullity that cannot be annulled, I insist, in administrative proceedings. In order for the detrimental actions to be carried out correctly, the administration will allege its own clumsiness by declaring the administrative act harmful by the highest authority, prior to an administrative procedure that must be respected, since, according to this procedure, an administrative file will be obtained, which will be analyzed by the judge directly in its legality.
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    La acción de ejecución del silencio administrativo positivo su eficacia para hacer efectiva la petición
    (Universidad de Cuenca, 2023-05-08) Zambrano Sánchez, Edison Bolívar; Jiménez Larriva, Paúl Esteban
    The present investigation alludes to the lack of response from the public administration; while the administrative act is the manifestation of the will of the administrative bodies, sometimes the public administration due to circumstances such as negligence or carelessness does not issue responses to the requests required by the administered. In other words, there is silence in the face of the requests and claims presented by the companies. This institution is known as administrative silence. In the Administrative Organic Code this institution is regulated as an enforcement action, it will be analyzed if it is viable or lacks effectiveness. The institution of administrative silence will be analyzed in its two areas: positive and negative, as well as its limits. The procedure to follow for the execution of the administrative silence in the Contentious Administrative Tribunal, the enabling documents or suitable means of proof to demonstrate the lack of response to achieve recognition of the claimed right. Positive administrative silence gives rise to or creates the presumed administrative act or presumed fictitious act, however, for its existence it requires that certain requirements be met in the formal or procedural order and of material order or validity. The mere lack of response from the public administration within the term established by law in response to petitions, claims and requests from the administered is not enough. Therefore, the action of positive administrative silence is effective as long as these requirements and conditions are met.
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    La desconcentración administrativa: movilidad humana en la zonal 6 del 2007 al 2021
    (Universidad de Cuenca, 2025-04-30) Alvarez Rivera, Tania; Ochoa Rodríguez, Guillermo Alejandro
    This thesis project describes the process of administrative decentralization of the zonal office 6 of the governing body of human mobility, within the framework of the organizational transformation of the executive branch in Ecuador. The study focuses on analyzing how decentralization contributes to ensuring the fundamental right to good public administration and the fulfillment of its social purpose. This project explores some doctrinal positions put forth by scholars in the field of administrative law, reviews the regulations governing the matter in the country, and examines related international instruments. Additionally, it analyzes the services provided at the territorial level by zonal office 6. Administrative decentralization, as an organizational mechanism that transfers competencies from the central level to lower levels with hierarchical supervision, is valued for its ability to bring administration closer to the territory, improve institutional efficiency, and allow greater involvement of local leaders in public management. In this context, this analysis covers years 2007 to 2021, from the creation of the institution to the issuance of the latest applicable organizational management statute. This work identifies the strengths and weaknesses of the administrative decentralization process. It proposes elements to strengthen the realization of the right to good public administration and the fulfillment of its social purpose in human mobility.