Jurisprudencia y Ciencias Sociales

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Subject: search.filters.subject.ACTOS ADMINISTRATIVOS

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    Los actos administrativos y la motivación en el debido proceso como garantía constitucional en el sistema integrado de seguridad ecu 911 Ambato
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Comunicación Social, 2022-09) Ponce Molina, Edison Fernando; Montero Solano, Juan Pablo
    This investigative work entitled: "Administrative Acts And Motivation In Due Process As A Constitutional Guarantee In The Integrated Security System Ecu 911 Ambato", focuses mainly on the inalienable rights that belong to workers in a dependency relationship and where the levels hierarchical have the obligation to guarantee them by seeking a fairer and more equitable employment relationship; however, after an administrative act resulting from a breach by the worker where the worker in a dependency relationship is granted the right to defense, not having adequate regulations to motivate an administrative sanction, it is not guaranteed that the administrative act is a guarantor of inalienable constitutional rights and generates various inconveniences when requiring the worker to deliver a quality service to the citizenry. The current Ecuadorian legislation does not have an adequate regulation for the application of the motivation in the administrative acts; When the application of an administrative act arises, violations of its application are generated to require the public servant to provide a service. As it is considered a legal vacuum, it is currently considered that the lack of this figure in the application of the Administrative Acts would violate constitutional rights. For this reason, it is important for the State to realize the need for a regulation to motivate administrative acts where it can bind and guarantee the correct application of an administrative act that seeks compliance with the rights of citizens to receive a quality public service; as well as respect for the laws that are in force and the Constitution of the Republic of Ecuador. This research work tries to implement a regulation for the correct application of the Administrative Acts, with an adequate motivation within the due process, it will show a clear reduction of failed administrative acts lacking motivation and they would become applied acts that guarantee the provision of services. an effective public service to the citizenry respecting the rights of the worker
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    La presunción de legitimidad del acto administrativo y la tutela judicial efectiva
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-07) Mayorga Idrovo, Marlon Israel; Vayas Castro, Guillermo Santiago
    The present investigation demonstrates the abuse in the actions of the public administration, under a focus on administrative acts and the legitimacy that they have been endowed with. In this sense, it is identified within the Ecuadorian legislation the evident problems before the challenge of these acts. The disclosure of the problems raised will be dealt with through the analysis of judgments issued by the Administrative Contentious Court; as well as those of a Constitutional nature. On the other hand, the legitimacy of the administrative act is addressed in the legislation of other countries, especially Colombia and Argentina. With the aim of comparatively evaluating the treatment that each jurisdiction maintains in this regard. In this order of ideas, it is essential to analyze the normative treatment that currently has the challenge of administrative acts. More than anything when the Constitution itself assumes that the actions of the Public Administration correspond to the protection of the “common good”. Consequently, administrative acts are endowed with a presumption of legitimacy under which their execution is immediate by those administered; to whom, on countless occasions, rights are violated under the issuance of an administrative act. As a result, a State that becomes a Judge and part of its own decisions, making true justice impossible, which even outrages the principle of innocence of those administered. "The innocence of every person will be presumed, and he will be treated as such, as long as his responsibility is not declared by means of a firm resolution or an executed judgment" (Const, 2008, Art. 76). Although it is true, the State's duty is to guarantee the rights of its administered parties. However, the partiality and iniquity of justice in the face of discretionary events in the public administration is evident, demonstrating little objectivity in the justice system. In this perspective, public administration has led society to doubt the principle of effective judicial protection, legal certainty and due process, which demands a true democratic and constitutional State of rights and justice. Therefore, this study allows us to elucidate the true ethical and legal problems that involve the exercise of public administration through the State.
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    Las garantias constitucionales y el derecho a la motivación en los actos administrativo
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-05) Espinoza Ruiz, Ronny Sebastián; Aracelly, Portero Castillo
    The present investigative work has its origin in the cases of massive decoupling of police servers in the Republic of Ecuador through ministerial agreements issued by the Ministry of the Interior, a subject that is booming within the country since the so-called "30S". During its development, Ministerial Agreement 4421 was analyzed, which resolves to unlink 322 police officers at the national level, who suffered violations of their constitutional and labor rights during this process, currently seeking to reinsert immediately those persons who were disengaged without no reason The Constitution of the Republic of Ecuador in its Art.76, numeral 7, literal L establishes that "the resolutions of the public powers must be motivated", which allows to explain that if a resolution does not state the legal principles in which it is based there can not be a proper motivation.