El silencio administrativo negativo y su incidencia en el derecho a la tutela judicial efectiva.

Abstract

The constitutional stipulated right to effective judicial remedy of proteccion and the application of the legal phenomenon of negative administrative silence when a private individual goes to administration in search of an answer to his request, have given place to a disjunctive, on one hand, the need for the people to know the decision that has been made, which would allow them to have several valuable elements in an eventual legal process, and on the other hand, the existence of a figure/rule with which it is understood that the answer to the petition is negative if elapsed an appointed/determinated lapse of time has not been given answer, situation that puts the private individual in disadvantage and inequality. The present Investigation article it's develop in the describe context, in which it is intended to determine if the negative administrative silence harms the right to effective judicial remedy of protección of the administered persons.