Procedural guarantees in the exercise of Ecuadorian administrative sanctioning powers [Garantías procesales en el ejercicio de la potestad sancionadora administrativa ecuatoriana]

Abstract

This study analyzes the essential procedural guarantees governing the exercise of administrative sanctioning power within the Ecuadorian legal system. Using a qualitative-descriptive approach, it examines the regulatory framework of the Organic Administrative Code and its practical application in sanctioning procedures. The research concludes that this power must be exercised through a legally structured process that ensures a clear separation between the investigative and sanctioning functions, assigned to different public officials with specific responsibilities. The constitutional principle of legality prohibits the imposition of sanctions without due administrative process. It guarantees that the alleged offender receives timely notification of the alleged facts, possible infractions and applicable sanctions, as well as identification of the investigator, the competent authority, and the legal basis for jurisdiction. The presumption of innocence is upheld until a final administrative act is issued, understood as one that has not been challenged within the legally established timeframe.