Alcance del control judicial dentro del procedimiento contencioso administrativo en materia de seguros.

Abstract

As a precedent of the present investigation, the lack of the delimitation of the jurisdiction between the District Courts of Administrative Litigation and the Civil Judicial Units is appreciated, which has as a consequence that in both jurisdictions processes are known where the parties are the entity insurer and the insured who are bound by a private law contract. The objective of identifying the theoretical and methodological assumptions on which the judicial control of the public administration is based and the practical problems that originate in the solution of conflicts originated by insurance contracts in the District Courts of Administrative Litigation. The research has an exploratory, descriptive and explanatory scope for its development, a documentary analysis methodology was applied that made it possible to systematize the most relevant aspects of the subject from a theoretical and regulatory point of view, complemented by the application of a survey to experts in insurance matters related to the administrative procedure in the Superintendency of Companies, Securities and Insurance. The results obtained from the documentary study and the interviews made it possible to obtain the result that, due to the private nature of the insurance contract, conflicts between the parties should be known and resolved by the Civil Judicial Units. The conclusion is that the National Court of Justice should issue a Resolution where it resolves the conflict of jurisdiction between the District Courts of Administrative Litigation and the Civil Judicial Units, reserving jurisdiction to the latter.