DOCTRINA SOBRE PRESUNCIÓN DE LEGITIMACIÓN DEL ACTO ADMINISTRATIVO Y POSICIÓN DEL TRIBUNAL DE LO CONTENCIOSO ADMINISTRATIVO

Abstract

Throughout this paper we intend to analyze the current criterion of the Administrative Litigation Court relative to the presumption of legitimacy of the administrative act, which was not admitted for a while and even in some judgment subsequent to those stated herein. The paper further discusses another issue regarding which there is no doubt or questioning whatsoever, namely, the issue related to the Administration’s discretionary activity. On this second topic, relevance does not occur in the same degree and there is abundant bibliography and case law.With regards to the presumption of legitimacy of the administrative act, there are doctrinal opinions against and in favor, and these are based on analyzing existing rules in our legal system that have varied over the years, and throughout this paper a series of positions and their foundations will be briefly outlined. In addition, judgments of the Administrative Litigation Court will be cited as an example stating an opinion in favor of the presumption of legitimacy, which such Court is currently applying.