Análisis y aplicación de la acción de lesividad dentro de la Administración Pública

Abstract

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.