La interrupción de la prescripción en los sumarios administrativos de la Función Judicial.

Abstract

The administrative summaries are the mechanisms used to be able to comply with the disciplinary regime that, within the present case, corresponds to those of the Judicial Function. Although it is true that the existence of a disciplinary infraction, whether minor, serious or very serious, is presumed, and that it is being pursued against an alleged perpetrator, it is no less true that due process, a constitutional right of protection, must be complied with. inherent to every process, whether administrative or jurisdictional. It is important to verify the sanctioning procedure that emerges from the Organic Code of the Judicial Function, because there is a certain issue regarding the interruption of the prescription of administrative summaries, that is, which occurs only with the issuance of the initiation order, but not with the summons, therefore, it is relevant to analyze whether due process is effective and specifically, the right to defense and legal security of the summaries in relation to the legal norm for its application, since, at the time of issuing the order to initiate the administrative summary, the prescription is interrupted for one year, therefore, the summons can be made within said term, after a considerable amount of time, which may affect the rights of the summaries, as is the case when a summons is made. to a former servant and for all the months that have passed, he can no longer have access to certain evidence in his defense, etc. That is, determine if the norm is constitutional and if it requires reform.