Theory of non-existent administrative acts. ¿Violation of the Principle of Legality and regression in the conception of Effective Judicial Protection in the Venezuelan Administrative Litigation?

Abstract

This research presents an analysis of the right to effective judicial protection in the administrative litigation, with special reference to Ruling No. 447 dated August 11, 2022, issued by the Political Administrative Chamber of the Supreme Court of Justice, which declared inadmissible the appeal of Nullity, against the Instructions of the Adjustment Process of the Remuneration System of the Public Administration, Collective Bargaining Agreements, Special Tables and Strategic Companies, dated March 22, 2022, where regardless of being a formal administrative act, or a de facto way, or any other form of action of the Public Administration may be subject to control in accordance with the right to effective judicial protection, the principle of universality of control and the subjective nature of the contentious-administrative system. The results evidenced a prejudgment, by the jurisdictional organ when declaring in limine litis, the non-existence of the administrative act, without differentiating according to the doctrine the non-existent act and the non-existence of the administrative act, which constitutes a violation of the regulations related to the impugnation of the administrative acts, due to absolute nullity defects that an administrative act may present, and to the effective judicial protection.