Valoración objetiva del informe investigativo del sumario administrativo y su garantía al debido proceso.

Abstract

The legal research project "Objective Assessment of the Administrative Disciplinary Investigation Report and Its Guarantee of Due Process" requires integrating the normative and doctrinal framework of administrative sanctioning proceedings with social and legal research methodologies. The study aims to randomly select investigative reports from the Traffic Commission of Ecuador (CTE) from 2026, analyzing and evaluating them as a form of evidence. The research employs a qualitative approach to interpret the content of the CTE investigative reports. The analysis is grounded in legal doctrine, drawing upon constitutional norms, statutes, and legal theory to assess whether the reports uphold due process guarantees. In judicial and administrative proceedings, the truth regarding disputed facts is established through evidence; the Ecuadorian judicial system ensures that evidence leads the adjudicator to reasoned decisions. The evidentiary process comprises three phases: the assembly of the evidentiary record and its admissibility (relevance, utility, and lawfulness); the oral presentation of evidence, including the right to challenge it; and rational assessment based on the principle of sound judgment (*sana crítica*). The assessment of evidentiary elements—both individually and collectively—leads to legitimate administrative decisions that ensure effective legal protection and due process while preventing arbitrary action. A random analysis of CTE investigative reports from 2026 reveals a need to improve the conduct of preliminary proceedings and their alignment with constitutional due process requirements.