Interpretación inadecuada en la aplicación del procedimiento administrativo sancionador por parte de la administración pública.

Abstract

In Ecuador, administrative procedures, whether ordinary or special, are topics of discussion, both in form and substance. Since the entry into force of the Administrative Organic Code (COA), certain aspects of its regulation of the administrative sanctioning procedure are being discussed, because the regulatory body does not include within its content, the legal nature of the initiation order, nor whether or not an evidentiary stage should be opened in the event that there is no response to the initiation order within the term established by law. The purpose of this research is to evaluate the erroneous interpretation of what is stipulated by the legislator with respect to the administrative procedure so that it does not lack transparency, clarity and is carried out in accordance with the law, from its beginning to its conclusion. The present work focuses on two legal problems; the first one, the legal nature of the writ of initiation and its clarification on the legal figure in which it is configured, so it has been determined to analyze the writ of initiation as an act of mere formality, and to disprove the inconsistencies presented by the legislator in the normative body. The second legal problem focuses on the mandatory nature of the opening of the evidentiary stage, based on the principle of due administrative process, and the obligation of the investigating body to carry out the corresponding investigations.