Legal validity of the appeal within the administrative process of Visto Bueno in Ecuador

Abstract

The process of approval in Ecuador is an administrative process through which the employment relationship can be terminated, following a resolution issued by the Labor Inspector or by the Regional Director of Labor, which currently concludes with an appeal phase. This article aims to evaluate the legal validity of the appeal, analyzing the elements surrounding its application. To carry out this research, a qualitative approach and descriptive methodology were used. An exhaustive and explanatory analysis was carried out through the jurisprudential and doctrinal review. The exegetical and inductive method was used to integrate the proposed ideas and concepts, applying the analysis and synthesis to obtain precise conclusions, comparing the existing regulations and doctrine. It was concluded that it is important in any process to have a phase through which procedural errors can be corrected, but it is also important that the officials who resolve the appeal have the necessary legal powers, in order to ensure adequate legal control over the acts of public power, guaranteeing the right to appeal, as well as the principles of legality, due process and legal certainty.