Observaciones al debido proceso en el régimen sancionatorio de la Ley Orgánica de Salud.

Abstract

Due process is conceived as a Constitutional right which includes a range of guarantees, also defined by the different international human rights instruments as a fundamental right, mainly in defense of the rights of individuals and respect for their dignity. Its relevance lies in the fact that it has to be applied both in the judicial and administrative headquarters and in all matters. Currently in Ecuador the Organic Health Law is in force, published in Official Gazette No. 423, on December 22, 2006, a law that contains norms that regulate the sanctioning scope. The objective of this examination is the analysis of the sanctioning procedure of the aforementioned law in relation to respect for the basic guarantees of the right to due process established in Article 76 of the Ecuadorian Constitution, because of the fact that the Health Law is It is prior to the validity of the Magna Carta, it contains certain norms that fail to comply with constitutional guarantees. This research project is based on a qualitative research, in which theoretical methods have been used, such as historical-logical, analysis-synthesis, legal interpretation, and as a technique for gathering information, documentary review and analysis were used.