Abstract :

The present work deals with the discretionality with which the executive branch, through the President of the Republic, issues resolutions that provide the impetus for the appeal for review, within the administrative summaries substantiated by the Ministry of Education, stating that all and each one of the processes of sexual connotation evidences error of fact and of law in its resolutions; In this regard, it is established that the District Dispute Resolution Boards are subject to non-compliance and that they must apply in a general manner to all processes, this argument to initiate the Extraordinary Review Resource. With this argument, they request that the public servants, who had a sanction other than dismissal, be reviewed the entire file, leaving no alternative but to appear again, and with the specific provision that it be applied to the offending server. in law it corresponds, without considering that the rule invoked in this particular case, Article 178 of the ERJAFE, literal a), error of fact and of law, should be understood as ignorance that affects some element of the legal act in the conditions or circumstances in which they took place and the error of law on their part falls on the legal rules that apply to the specific case; consequently it is evident that the resolution of the executive is based solely and exclusively on the popular clamor for cases of sexual abuse without specifying in each concrete case, its foundation.

Keywords :

review; discretion; administrative summaries; error of fact and law.

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