La responsabilidad administrativa de los servidores públicos en los procedimientos administrativos sancionadores.

Abstract

Through Administrative Law, the functioning and conduct of the public administration and its relationship with those administered are regulated. The purpose of this scientific article is to analyze the administrative responsibility of public servants within the administrative sanctioning procedures framed in the Ecuadorian Organic Administrative Code, who exercise the sanctioning power in an abusive manner, issuing resolutions within the aforementioned process that violate the right to Due Process and Legal Security. To address this research, a mixed methodology was used, the quantitative method through the application of a survey to 24 public servants from the following State agencies: Armed Forces, National Police and Public Companies and the application of interviews to different Judges with special emphasis to those of the Administrative Litigation Court; The qualitative method was applied to legal research. The results obtained in this scientific article denote that those administered at some point in their career as public servants have been victims of the abuse of power by their superiors or have witnessed part of this abuse and to resolve this problem, a proposal is offered. Of reform to the Organic Administrative Code.