Administrative silence and the violation of the constitutional right to petition.

Abstract

The Organic Administrative Code establishes that people have the right to make petitions individually or collectively before public administrations and to receive responses in a timely manner. From what has been stated, it can be deduced that the constitutional right of petition is not hindered by the possibility of the user to address the administration, evidencing the duty of the administration to pronounce itself, granting or denying what is required by the user in a pertinent, express, or motivated manner. When the breach of this obligation is evidenced, administrative silence is originated, which results in the violation of this right. This work delves into this problem.