Motivación de los actos administrativos discrecionales de retiro del servicio activo a los miembros de las fuerzas militares.

Abstract

The discretionary power mentioned in the content of this monograph, has granted broad powers to the Officials who exercise leadership and command positions within the Military Forces, in development of the same, the exercise of too broad powers, have given rise to eventual arbitrariness, such as excesses in the issuance of administrative acts; Therefore, it has become necessary to adapt jurisprudentially the current regulations, for the protection of fundamental rights and due process in the issuance of said administrative acts, generating in the jurisprudential precedent an essential element at the time of applying the norm from the point of view from a constitutional point of view. In the formation of the so-called Decision Boards, its officials have been allowed to foresee the existence of an instance where the origin or not of making effective said discretionary power for the Retirement of Active Service of its members will be debated, which It implies that the determining reasons are known by those who exercise this Discretionary Faculty of the State, which leads the subject to whom this rule has been applied, to want to know and refute said arguments, endangering the strict sense of Discretion.