Análisis de la caducidad de la potestad sancionadora en el procedimiento administrativo sancionador de acuerdo al Código Orgánico Administrativo.

Abstract

The application of the expiration figure in administrative sanctioning processes has been and continues to be one of the problems raised in the legal practice of Administrative Law in Ecuador. Among the powers that the Public Administration has for the fulfillment of its objectives and responsibilities is the Sanctioning Power, through the Organic Administrative Code, may regulate in Book III of its normative text, on the one hand, the administrative procedure sanctioner; and, on the other hand, in Book II of the same, the procedures initiated ex officio by the administration are regulated. The lack of clarity of the normative provision regarding the application of the expiration due to inaction of the administration in the sanctioning administrative processes, produces arbitrariness in practice on the part of the administrator, because there is no specific and punctual article that establishes the specific time, thus violating the Principle of Legal Security and Legitimate Trust; This gives rise to an infinity of acts, the only one that harms is the administered, opening the abuse for the benefit of the lack of clarity of two provisions that refer to the same figure: expiration. It is necessary to resolve the regulatory gap left by the Ecuadorian legislator in this titling paper, in order to accommodate compliance with the Legal Security and Legitimate Trust of the administrator, limiting any possibility of the Administration acting beyond the line of legality.