La autotutela administrativa y la lesividad en el derecho administrativo ecuatoriano

Abstract

The public administration understood as a service to the community whose ultimate goal lies in the protection and guarantee of the public interest, through the exercise of the administrative function, externalizes its will through different mechanisms, including the administrative act. However, there are cases in which different administrative acts must be excluded from the legal world to protect the public interest. Faced with this problem, the Administration will have two ways. The first of them is based on the Administrative Self-Guardianship, understood as a prerogative of the Public Administration, through which it is possible to revoke and extinguish in an administrative office, acts considered null. On the other hand, we find Lesividad understood as a declaration and action at the same time, which will allow the revocation of those irrevocable administrative acts in administrative headquarters, that is, those acts considered within the doctrine as favorable.