Nulidad y restablecimiento del derecho: El caso de los vendedores informales estacionarios del parque Néstor Urbano Tenorio del Distrito de Buenaventura

Abstract

In 2015, the first phase of phase 1 of the Bahía de la Cruz waterfront was started, in the special, industrial, port, biodiverse and eco tourist district of Buenaventura. According to the Financial Development FINDETER SA, the work would include "... spaces for cycle route, two playgrounds with 34 attractions, two multiple courts, teatríno, a traditional kiosk, spaces for walking, sports and urban equipment."(Findeter, 2017) The work began despite the protests of two hundred and fifty (250) stationary vendors who for more than a decade were located in that place, in authorized spaces and with permits from the same district mayor's office, as explained later in the content 1. Denominated, The process of disaffiliation of the Néstor Urbano Tenorio park in the district of Buenaventura in the framework of the construction of the Bahía de la Cruz Malecón, which carried out various tasks, such as: Marketing of characteristic articles of the Pacific, booths for sales of liqueurs and typical drinks of the region, kiosks where the own gastronomy of the pacific was sold (seafood) and others that offered spaces and elements for recreation and sport, directed to children, young people and adults, among other commercial activities and of service. However, all were evicted in compliance with an administrative act uttered by the District Office of Buenaventura. Taking into account the above, it is imperative to conduct through this academic exercise, an approach to the control means nullity and restoration of the right, as a possible legal action that allows the guarantee of the rights of stationary vendors settled in the area of execution of the work. Understanding that it is a means of control through which the person who believes himself injured in a right protected by a legal rule, as an effect of the validity and/or execution of an administrative act contrary to the Constitution and the Law, can request that the nullity of the same is declared and that as a result, its right is restored or the damage caused is repaired. In this order, the present article proposes to firstly develop in a succinct manner the development of the process of disaffiliation of the area to be built, specifically the eviction of stationary vendors, in addition to making an approach to nullity and restoration as a means of control, including the procedure administrative of this one. Finally, the conclusions obtained from this academic year and the theme developed will be listed.