Administrative sanctioning procedure and due process principles in the Ecuadorian context

Abstract

The administrative sanctioning procedure constitutes one of the most sensitive expressions of the exercise of public power, as it involves both the State’s punitive authority and the protection of the fundamental rights of individuals subject to administrative control. In Ecuador, the constitutional model in force since 2008 requires that all administrative actions strictly observe the principles of due process. This article analyzes, from a theoretical, legal, and jurisprudential perspective, the configuration of due process within the sanctioning procedure, in light of the Organic Administrative Code (COA) and the jurisprudence of the Constitutional Court. The methodology applied is qualitative, documentary, and analytical, based on the review of doctrine, legislation, and relevant jurisprudence. It is developed within the framework of the research project of the Law program at the Universidad Estatal del Sur de Manabí entitled “Legal education through radio broadcasting and the internet.”. The results show significant progress in the construction of a rights-based administrative system, although challenges remain regarding motivation, proportionality, and the proper allocation of the burden of proof. It is concluded that strengthening administrative culture and consolidating performance standards are essential to ensure effective protection of rights.