ANÁLISIS DE LA IMPROCEDENCIA DEL RECURSO DE APELACIÓN EN SENTENCIAS CONTENCIOSO ADMINISTRATIVAS FRENTE AL DERECHO A RECURRIR DE LOS ADMINISTRADOS EN ECUADOR.

Abstract

The objective of the present investigation was to analyze the inadmissibility of the appeal in contentious-administrative judgments, against the right to appeal of administrators, established in art. 256 of COGEP, for which it was necessary to historically and conceptually base the appeal in Ecuadorian legislation, analyze the main characteristics of the right to appeal and obtain information through interviews with experts in the contentious-administrative field, who shared their criteria. that allowed to clarify the central problem of legal research. In addition, it is mentioned that the qualitative method was obtained, since this type of methodology contains the techniques of observation, documentary and bibliographic review. The results indicate that the inadmissibility of the appeal in the contentious-administrative jurisdiction does not violate the right to appeal of the administered, mainly because the Constitutional Court of Ecuador in judgment No. 1965-18-EP/21 has established that appeal does not It is an absolute right, so the legislator is free to configure it. To conclude, it is determined that the appeal may be necessary in the contentious-administrative field, since there is already the possibility of applying the appeal, which is analyzed by three judges, to reduce the probabilities of committing injustices or arbitrariness in their decisions. Lastly, it is considered that the administrators' right to appeal is not violated.