Weber Sociology & Anthropology


October 2017, Vol.8 (1), ISSN:2449-1632

© Author(s) 2017. This work is distributed under the Creative Commons Attribution 3.0 License.

Research Article

The Application of the Positive Administrative Silence in the Ecuadorian Legislation

Elizabeth Mercedes Cevallos Gorozabel1, Harold Stalin Quiñonez Francis2 & Carolina Elizabeth Castle Cevallos3


1,2 Docente de la Universidad Técnica "Luis Vargas Torres" de Esmeraldas.
3 Superintendence de la Información y la Comunicación.





Accepted 5th October, 2017; Available Online 9th October, 2017.


Abstract:

The purpose of this article is to analyze the application of administrative silence as it has been the subject of many controversies in the field of law, in our legislation there is no clear, detailed and pre-established procedure for the implementation of this institution, then to resort to Administrative Litigation Law to fill the legal gaps within the institution of Administrative Silence is very significant, because that source of law contributes with important elements to respond consistently and apply it. There is silence when the administration assumes an attitude of inertia regarding a behavior that requires a concrete pronouncement. Administrative silence is an institution that protects certain fundamental rights that are violated when the administration fails to comply with its obligation to respond to claims filed by individuals in due time and in due form. This research will not cover a gap in knowledge or attempt to formulate a new theory or interpretation, its value will revolve around the practical applications of the subject. The method applied in this research is the scientific method, as is the revision of secondary sources of valuable writers referring to the subject. Finally, with all the data that is collected, it will be verified if the legal institution of Administrative Silence is effective in its generation and application, taking into account the concepts and elements of each one of the topics that will be detailed in the present work.

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