Análisis jurídico del procedimiento administrativo sancionador regulado en el Código Orgánico Administrativo

Abstract

As a result of the implementation of the Administrative Organic Code in Ecuador, a series of changes in the administrative procedural law were unleashed. One of them was the integration of the Administrative Sanctioning Procedure, as an instrument for the exercise of the sanctioning power within the framework of the external legal relationship of the Public Administration. However, unlike most of the topics brought by the referred norm, the mentioned procedure has not been the object of a complete and deep study, but rather, it has been somewhat ignored and even thrown to the background. For this reason, the current work has focused on building a specialized and more complete analysis of the Administrative Sanctioning Procedure, as well as of certain deficiencies and problems of its regulation in the Organic Administrative Code. For this purpose, a methodology with three approaches has been used: qualitative, in the collection of information from various legal sources; deductive, for the description and interpretation of the information collected, and for the creation of a conceptual and doctrinal basis of the Administrative Penalty Procedure and its main legal institutions; and finally, an analytical approach, used in the specialized examination of each of the aspects of the Administrative Penalty Procedure, and likewise, in the identification, analysis, and suggestion of potential solutions, of the deficiencies and problems of the current regulation. All this with the aim of contributing to improve the regulation of the administrative sanctioning power and the instrument for its exercise, the Administrative Sanctioning Procedure