Disproportionality in the exercise of the coactive power of public administrations

Abstract

In Ecuador, the public administration has certain power granted by law, one of which is called coercive power, defined as the exorbitant privilege that empowers them to collect debts in their favor in a forced manner, based on the principle of general interest and without judicial immediacy. The coercive execution procedure arises from the application of this power, due to both: administrative and tax matters, which are regulated in different forms, that’s why the present analysis will address the administrative coercive procedure under the Organic Administrative Code. When analyzing the substantiation of the coercive procedure, it is clear that the performing officer, called coercive judge, who "protects the rights of the parts" belongs to the same public entity, so the following question arises: Will the administrative authority that is judge and part guarantee the applicability of the rights under the principle of impartiality, transparency and proportionality? This research has a qualitative approach, referring to the violation of the constitutional guarantee of the legal right process, with the objective of analyzing the coercive procedure in administrative matters and the existence or not of the violation of the legal right process in its substantiation.