El antagonismo jurídico entre la acción de lesividad y su procedencia frente actos administrativos regulares y actos administrativos irregulares.

Abstract

An analysis of the jurisprudence rule emitted by the Constitutional Court in judgment N° 030-18-SEP-CC, regarding the vices of legality in the admission of a public servant cannot be corrected by direct removal, but rather through the action of lesivity, and the legal tension represented by the opposition of the National Court in its resolution N°780-2021, with regard to the applicability of the action in an exhaustive manner to the legal framework, for which the requirements of validity of the administrative act, the doctrinal and historical foundations of the action of lesivity and comparative legislation will be examined in depth. Pondering the principle of legal certainty, supported in the sentence of the Constitutional Court, against the principle of legality, motivated within the judgment of the national court, in the search of concluding regarding the application of the action of lesivity inside the juridical reality of Ecuador.