Análisis del silencio administrativo según el Código Orgánico Administrativo

Abstract

The objective of this paper is to carry out on analysis of the legal effects that arise from the omission of the Public Administration in response to the requests of those administered according to the Administrative Organic Code, this transcendental figure because it has generated effects that as a rule in our legislation will be positive and as a negative exception. The study begins with the right of petition as a basis for administrative silence, since the Constitution of Ecuador 2008 requires a reasoned response to the claims or requests of those administered; in addition, its requirements and its origin shall be identified so that the alleged administrative act arising from the administrative silence is valid and legitimate. Finally, recognize the specific cases of both positive and negative administrative silence