El exceso del principio de discrecionalidad en la administración pública The excess of the principle of discretionality in public administration

Abstract

This research has been a legal critique of the excessive and arbitrary application of discretion in the Ecuadorian public administration, with which it has also been possible to determine its positive and negative effects on the provision of service to the community and other principles that compose it. It should also be understood that discretion does not imply the use of principles or decision-making at the free will of the issuing entity, but must be subject to relevant legal and regulatory precepts. This work was developed through a mostly qualitative descriptive approach, which has allowed the elaboration of a synthesis that characterizes each of the phenomenological elements of the case, apart from the management of the bibliographic-documentary technique; The main results achieved in the scientific article, apart from the lack of its own definition of discretion and the obligation for it to adhere to the legal precepts in force, in order to avoid decisions contrary to the law, so it is the obligation of the authorities to analyze whether the issuance of discretionary administrative acts are motivated and even to carry out the pertinent controls, reaching the conclusion that discretion is a very complex power of the Administration, which must be controlled so that decisions are in accordance with the law.