Positive administrative silence and its non-application in Ecuador

The objective of this degree work is to analyze the legal regime of administrative silence in the Ecuadorian legislation, both in the substantive and in the adjective sphere, as well as to determine its legal basis, the importance in its application and the practical reality that arises in the relationship of the administered with the Public Administration before the exercise of its constitutional right of petition.The juridical figure of administrative silence is manifested and takes its place in the Ecuadorian legal system, regarding the lack of resolution of the Administration before a petition or claim of the administered, within a legal term granted, thus punishing the inactivity of the institution in favor of the individuals.The approach given by the Administrative Organic Code to the institution of the administrative silence in benefit of the administered and its juridical quality of execution title, are not simple in its application and consequently requires a detailed study presented below.