Acción de lesividad como procedimiento y sus efectos de un acto administrativo que genera derechos

Abstract

The action of harmfulness is considered within Ecuadorian legislation as a mechanism through which it seeks to revoke, modify or correct the rights granted through administrative acts granted by the public administration, when these are considered harmful to the public interest, which occurs due to the discretion that the public administration has to issue administrative acts, in order to determine the effects it produces, an analysis of the legal and regulatory framework that regulates the action of harm in Ecuador is carried out, identifying the legal provisions and procedures established in the Administrative Organic Code (COA) and in the General Organic Code of Processes (COGEP), in order to determine the existence of regulatory deficiencies that influence its application, to achieve the established purpose, descriptive and explanatory research was used. with a qualitative approach, using the interview technique, through which it was possible to deduce that despite the existence of a substantive and adjective norm that regulates the harmful action, this is not applied because there is a lack of familiarity with the procedure, this adding to the implementation of the direct revocation that violates the rights of citizens, has generated great social harm since there are effects on the rights of those administered, so it is necessary to improve the understanding of administrative procedures in order to that this figure is applied legally and properly without affecting the rights of individuals