We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Graduación de las sanciones en faltas administrativas disciplinarias según el coescop y la seguridad jurídica.
- Authors
Castro Sailema, Silvana Elizabeth; Suárez Merino, Edison Napoleón
- Abstract
The present research will be carried out based on doctrinal, legal and critical studies, with respect to the graduation of sanctions established in Article 49 of the Organic Code of the Public Security and Public Order Entities, which regulates the structure, organization, professional career and disciplinary regime of the security entities. The regulation under analysis establishes the disciplinary procedures to resolve minor, serious and very serious offenses. The administrative sanctions to be executed against public security officers must guarantee due process and above all legal certainty. The main problem of the investigation lies in the lack of clarity that exists in the regulation, since it does not establish a clear procedure that allows the grading of a sanction from serious to very serious. The new constitutional model applied after the enactment of the 2008 Constitution, seeks to limit the power of the State in terms of the powers of judicial or administrative officials. The rights of the persons administered at the time of the imposition of administrative disciplinary offenses foreseen in COESCOP must be proportional to the facts that gave rise to the infraction, if the norm is not clear there is a clear affectation to the Legal Security, which implies a transgression to the Right to Defense of the persons administered. For the development of the research, the qualitative methodological approach will be applied, as well as analytical, synthetic, historical and inductive methods.
- Subjects
DUE process of law; STATE power; JUDICIAL power; PUBLIC officers; SECURITY personnel
- Publication
Revista CIENCIA UNEMI, 2023, Vol 16, Issue 43, p114
- ISSN
1390-4272
- Publication type
Article
- DOI
10.29076/issn.2528-7737vol16iss43.2023pp114-131p