Inconstitucionalidad del procedimiento administrativo sancionador

Abstract

The following article aims to analyze the unconstitutionality of the sanctioning administrative procedure. It is based on methods: documentary, exegetical and analytical - synthetic review. In line with this, among the main findings are the following: Sancti oning Administrative Law. On this basis, aspects such as the vastness of the subjects covered are highlighted. For this reason, its main methodological and systemic limitation causes confusion in the fulfillment of the principles and norms enshrined in the Constitution. Hence, in the sanctioning administrative procedure, the basic guarantees of due process established in article 76 are violated. The aforementioned, alters the state of innocence of the administered by supporting the burden of proof. In addit ion, to demonstrate illegitimacy of the administrative act that gives a situation of inequality, by virtue of self - rule and the enforceability of the act.