LA IMPORTANCIA DE LA APLICACIÓN DEL PRINCIPIO DEL DOBLE CONFORME EN EL SILENCIO ADMINISTRATIVO COMO FORMA DE CONTROL DE LEGALIDAD

Abstract

In this work, the sentences of the former Supreme Court of Justice and the Constitutional Court of Ecuador are reviewed, in relation to the right to appeal the sentence of positive administrative silence, in order to determine if it is necessary and applicable, that right in the current legal system. Under a rationalist approach, with the help of the inductive method and qualitative documentary review techniques applied to the pertinent Ecuadorian jurisprudence, information is collected, allowing a detail of the circumstances that the institution of administrative silence has gone through, from its declaration to its execution. It is concluded, among other aspects, that the invalidatable defects, in which an administrative silence is rejected, are matters of fact; For example, the lack of competence of the public administration that does not respond to the administrator's request in a timely manner, an issue that is of mere legality and therefore there would be room for an appeal to know what was resolved.