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- Title
El contencioso administrativo de multas sanitarias en el derecho chileno: ¿es compatible con el principio de proporcionalidad?
- Authors
MOYA, PEDRO HARRIS
- Abstract
In Chilean administrative law, sanitary sanctions have become the subject of a special contentious action (article 171 of the Sanitary Code), whose interpretation has been restrictive. The courts can only annul (and not modify) administrative sanctions. Given the fines, this cancellation would only apply if the imposition of the sanctions exceeds the legal maximum. As is easy to see, this replaces the principle of proportionality with the principle of legality, which is aggravated by the wide margin of appreciation in its imposition. Despite this, a rereading of the applicable regulations makes it possible to question these conclusions, in order to apply the principle of proportionality.
- Subjects
ADMINISTRATIVE law; LEGAL sanctions; JUDICIAL review; COURTS; FINES (Penalties)
- Publication
Revista Derecho del Estado, 2022, Issue 53, p317
- ISSN
0122-9893
- Publication type
Article
- DOI
10.18601/01229893.n53.11