El derecho de petición frente al silencio administrativo negativo

Abstract

The full exercise of the fundamental constitutional right of petition, was enacted in the Constitution of 91, rising to the upper-right, protected by the writ of protection, and its essential core, prompt and timely resolution of the petition. Its importance lies in that it is the realization of fundamental rights, as a result of the establishment of the rule of law. The purpose of this research work was to analyze the administrative silence negative against the fundamental constitutional right of petition, and interpret their concept by studying constitutional and case law, in order to determine how using this administrative procedure violates the full exercise of this right, considering that, according to the Ombudsman, is the most cited in the country (48.1% in 2014). According to the analysis developed, and is based upon the solid concepts of the Constitutional Council of State and the Court it may conclude that the administrative procedure has been determined to create in people who invoke the right of petition, a sense of helplessness institutional and violation thereof.