Expiration and validity of administrative acts: Analysis of Ecuadorian jurisprudence in case No. 17811-2018-01436

Abstract

This study focuses on the legal concept of expiration and the validity of administrative acts, based on the review of Case No. 17811-2018, within the scope of Administrative Litigation. Its general objective is to assess the validity and legality of the challenged act in the aforementioned case, particularly in relation to compliance with legal deadlines and the administrative procedures followed by the Office of the Comptroller General of the State, in order to determine whether the fundamental rights of the plaintiff were violated and whether the request for review was handled appropriately.The study analyzes legal doctrine through the examination of the legal concepts applied in the judicial decision under investigation. It delves into public administration, administrative acts, and the rights to due process and defense. It examines the concept of expiration (caducidad) and fault-based civil liability, and analyzes the case based on its background, the parties' arguments, and the main reasoning of the judicial body that led to the final decision.This work employs a qualitative methodological approach with a descriptive scope. It also utilizes techniques such as documentary bibliographic review and methods such as legal exegesis, analytical-synthetic reasoning, and case study analysis, among others.The main findings highlight that the request for review was dismissed for being untimely, which rendered official document No. 00902DNRR null and void and revoked the determination of joint civil liability against the plaintiff. The study also confirms the violation of the right to due process and the existence of expiration (caducidad) affecting the jurisdiction of the Office of the Comptroller General of the State.