La eficacia de la aplicación del silencio administrativo en el recurso de apelación en el procedimiento administrativo

Abstract

The Administrative Silence and the Administrative Appeal are regulated in the Administrative Organic Code, having their genesis in the right of Petition established in the Constitution of the Republic of Ecuador. Therefore, the research was mainly focused on investigating whether or not when filing an administrative appeal and if in course of time the respective timely response is not received within the deadlines and terms established by law, public servants apply or not effectively the figure of administrative silence in the appeal, which causes a violation of the right of effective protection that attends to those administered, among other rights recognized and guaranteed in the Constitution. For this purpose, a qualitative approach methodology was adopted, using an analytical and descriptive level that was applied to the variables of this subject of study; the interview technique was also applied for the collection of data from experts in the field of administrative law. In addition, it is evident that in the current Ecuadorian legislation, there are legal gaps that limit the correct application of the figure of Administrative Silence in the procedure of the appeals in the administrative venue, which evidences the importance, relevance, and feasibility of this research project.