La declaratoria de lesividad en instituciones de educación superior del Ecuador, frente a la vulneración de Derechos fundamentales en el ámbito administrativo

Abstract

This investigation investigates whether the violation of fundamental rights in the administrative field with the purpose of preventing constitutional and administrative actions in the public administration, especially in higher education institutions, since by not observing the constitutional principles and guarantees, in administrative acts they affect constitutional principles and guarantees, damaging rights considered fundamental by our Constitution and international regulations. The following specific objectives were analyzed: 1. Carry out a legal and doctrinal analysis of the declaration of harmfulness of administrative acts. 2. Identify the violation of rights by the declaration of harmfulness of the favorable administrative act. 3. Determine in the administrative resolutions declaring harmfulness the existence or not of violation of fundamental rights. In the first chapter, of the theoretical framework, it was analyzed doctrinally andxv legally in relation to the administrative and constitutional field, in which the meaning of the administrative act is conceptualized, as well as the elements, characteristics, requirements, validity, favorable acts, its revocation, until the revocation of the favorable administrative acts through the declaration of harmfulness, in the same way the requirements, nature, effects that can cause the administered and the administration, when carrying out a procedure of declaration of harmfulness in the administrative field, were reviewed. considered national and international jurisprudential casuistry, entering the constitutional sphere in order to determine in the administrative procedure the violation of the fundamental rights of the person as a public servant affected, by the declaration of harmfulness. In the chapter of the methodological framework, surveys will be carried out in order to find out if the legislation corresponding to the administrative field, in coordination with the constitutional one, is applied in a practical way in higher education institutions, especially in newly created universities. Finally, the conclusions and recommendations are presented, which emphasize the main results achieved