Vulneración a la garantía de motivación por silencio negativo en la suspensión del acto administrativo.

Abstract

This research examines the infringement of the rely-guarantee reasoning arising from negative administrative silence in the suspension of administrative acts, as stipulated in Article 229 of the Código Orgánico Administrativo – COA and its contradiction with Literal l of Numeral 7 of Article 76 of the Constitución de la República del Ecuador. It discusses how the lack of a response from the administration to a request for the suspension of an administrative act conflicts with the right to due process for the affected parties. Therefore, both doctrine and jurisprudence on negative administrative silence and rely-guarantee reasoning are examined. The results of the research highlight the need to reform the current regulations to protect the constitutional rights of individuals, ensuring that motivation is observed not only as an essential element of administrative acts but also as a recognized guarantee in the Constitution.