masterThesis
Prevención del riesgo jurídico en la expedición de actos administrativos de carácter particular
Autor
Rodríguez Bautista, Cindy Johanna
Institución
Resumen
The risk is an element that is found in any activity that the (human, man)can develop. In ancient times this element is considered as the uncertainty that is used to complete the goals and objectives that the human beings (wants, desire), since this determines their characteristics depending of the context (where)that is developed, as in the case of country risk, economic risks and social risk. Therefore, in the legal field the risk have been studying in different areas, comercial law and labor law, However these days is use in administrative law. The will of the State is manifested by an administrative act, operation, fact, contract or omission that generate legal effects. These are uncertainties for the individuals, with the performance or omission of the administration generates uncertainty to the individual due to it specify the purposes of the state but at the same time it modify the legal situation. However it can affect their interests due to alterations in legal situations. Therefore, administrative act have a Legal Risk, the aim of this research will study the legal risk of the administrative act in the elaboration stage. The legal risk is a technical element of the administrative act that can prevent a legal damage to the individuals, the contemporary management of the public administration confront many lawsuits as the manifestation of the will of the administration may make damage to de individuals. Since the State is a company that provides services to individuals and one of them is the issue of administrative acts, this function is developed in the constitutional and legal framework to realize the purposes of the (rule of law) , for that reason must be issue good worthy administrative acts that are less likely to produce an unlawful harm to a person. The public servant can identify the legal risk of the administrative act and can mitigate, prevent, share or transfer it. In other words, this prevents unlawful damage and the reduction of lawsuits against the State, as well as to improving the confidence of the individuals in the Administrative Authority.