Ha sido efectivo la aplicación del silencio administrativo negativo en colombiano: artículo 83 de la ley 1437 de 2011 código de procedimiento administrativo

Abstract

This article is based on providing elements of analysis for the understanding of the figure of the Negative Administrative Silence in Colombia. Because concepts such as this are usually the exclusive domain of legal professionals, which refer to the way human relations are delimited, it is essential to establish their significance. To understand what is the context of what in Colombia is called Negative Administrative Silence, we must determine not only its meaning, but also its scope, this with the purpose of avoiding inaccuracies in front of this concept, since it is important to mention that the Silence Administrative Negative belongs to a more general category: the Administrative Silence, which can be Negative or Positive, and whose origin -as in many other concepts- can be traced from the incidence that historically has had Europe in the conformation of the State and the legal system In Colombia. Both the Negative Administrative Silence and the Positive Administrative Silence will be perceived as mechanisms that guarantee the protection of the administrated, so that when he comes to the administration raising a petition or filing an appeal against an administrative act, he will not be left unprotected in the face of the administration's silence. , especially considering the high rates of inefficiency and impunity that exist in Colombia, since at present it is very common to find mistrust of the public administration, since usually when it comes to judicial independence, this is combined with evidence of lack of transparency, clientelism and mediocrity