Juridicidad y silencio administrativo negativo: Contraloría General del Estado (Sección Abierta)

The principle of juridicality recognizes the mandatory application of the constitutionality block in all actions carried out by the public Administration. On the other hand, negative administrative silence is a legal institution, which warns the presumption that the claim has been denied due to lack of pronouncement by the Administration. This article addresses the permanence of negative administrative silence in the appeal for review provided for in the Organic Law of the General Comptroller of the State, which, when not resolved within the specified period, results in tacit denial. The effects of negative administrative silence are also considered in two dimensions: for the person and the public administration. The research developed contrasts the criteria in favor of the permanence of negative administrative silence with arguments against it, concluding that, in light of the principle of legality, the figure of negative administrative silence is incompatible with a constitutional State of rights, in which the right to good administration has been established, granting it the characteristic of fundamental, a situation that has motivated the presentation of an action of unconstitutionality before the Constitutional Court.