El procedimiento sancionador en el derecho administrativo: análisis crítico y propuestas jurídicas en el marco de la ley orgánica de salud

The development of this investigative work, pursues as main objective, to analyze the sanctioning procedure in the field of the Organic Law of Health (LOS) in Ecuador, in order to identify the main problems derived from its joint application with the Organic Administrative Code (COA), and to propose legal solutions that improve its effectiveness, transparency and respect for fundamental rights. For this reason, an exhaustive review of the existing doctrine and scientific articles has been carried out, supported by the investigative techniques of survey and interview, which will help to determine the urgent need to harmonize the legal bodies under study such as the Organic Administrative Code and the Organic Law of Public Health, in order to avoid resolutions that do not obey and omit the right to due defense of the administered, as well as the principle of legitimate defense due to lack of timely notification, so that the administered can argue what is necessary. For this reason, in order to guarantee a fair sanctioning system, it is recommended to establish proportionality criteria regarding the LOS, where the sanctions are differentiated based on the severity of the infringement and the economic capacity of the administrator. Therefore, the regulations must be reformed to avoid the imposition of excessive sanctions that lead to the closure of health establishments, without the possibility of correction, which is why the incorporation of alternative measures such as an improvement plan and pedagogical sanctions is suggested.

• Glavni autor: Ormeño Poveda, Kevin Bolívar (author)
• Format: bachelorThesis
• Jezik: spa
• Izdano: 2025
• Teme: Derecho administrativo; Administración pública; Función pública; Derecho
• Online pristup: http://repositorio.ulvr.edu.ec/handle/44000/7838