The scope of the Protective Action against the Principle of Self-protection of the Public Administration

Abstract

Introduction: The Action of Protection guarantees the immediate defense of constitutional rights against actions or omissions by public authorities. Meanwhile, the Principle of Autotutela allows the Administration to review and annul administrative acts that infringe these rights without judicial intervention.

Objective: This study aims to highlight the exercise of the principle of autotutela by the public administration to correct administrative acts issued outside the legal framework, with a special focus on internal administrative acts, occasional contracts, their termination, and investment projects.

Methods: The research follows a mixed-method approach, with surveys conducted among practicing lawyers in the city of Riobamba, Chimborazo province.

Results: 100% of respondents recognize that the authority exercises the principle of administrative autotutela, while 45% emphasize the importance of the principle of legality. Regarding occasional contracts, 37% indicate that they do not guarantee entry into the public sector, and 50% highlight the obligation to respect legal security.

Conclusions: The principle of administrative autotutela is essential for the efficiency of public administrations, but it must be balanced with controls that protect citizens' rights. Occasional service contracts, although useful in urgent situations, must be handled carefully to avoid labor precarization.