Análisis de la suspensión del acto administrativo y sus efectos en la legislación ecuatoriana.

Abstract

The administrative act is a response from the formal and legal administration, in the formal administration because for having such category it must has certain elements and their own categories and for the legal administration must adhere to the legal rules and respect that is enshrined in the Constitution, these are the prerogatives that the administrative act has, they are implicit, that´s why its importance. Within these same prerogatives the state recognizes mechanisms for that the administrated ones can defend themselves on the enforceability of an administrative act, in this particular case regarding the suspension of the act. However, the administration issues a decision through an administrative act, which has enforceability, in other words, has legal effectiveness, because of that the administered can activate a defense mechanism to interpose the suspension that attacks the enforceability of the administrative act. When we apply the legal standard we find a legal ambiguity because it is questionable for the administered to interpose it, this in the sense that the legal standard requests to interpose this measure, that two situations concur, first to demonstrate that the execution of said contested act can cause impossible or difficult damages reparation and second that the objection is sustained in vice of nullity of fully right. Our research focuses on demonstrating if in any way these requirements could be violated any right of the administered.