Subjetividad y proporcionalidad de los Procesos Administrativos Sancionatorios de la Superintendencia de Industria y Comercio (SIC)
Fecha
2022-07-13Registro en:
Beltrán Palacios, S. F. (2022). Subjetividad y proporcionalidad de los Procesos Administrativos Sancionatorios de la Superintendencia de Industria y Comercio (SIC). [Maestría, Universidad Santo Tomás]. Repositorio Institucional.
reponame:Repositorio Institucional Universidad Santo Tomás
instname:Universidad Santo Tomás
Autor
Beltrán Palacios, Sergio Fabián
Institución
Resumen
n Colombia since 1991, the figure of the Social State of Law was created, where
prints a considerable burden of rights and duties for fellow citizens, where we are
legitimately protected and obliged to comply with the legal system, that is why the State
to exercise its sanctioning power, it took on the task of creating the institutions for said purposes,
which are regulated within the legal system, where it corresponds to the official
resolve conflicts and impose administrative sanctions in use of its jurisdictional power in
against actors who somehow break the law. However, the regulations have
fell short in terms of the provisions that govern the discretion of the judge, creating
thus a dangerous abyss at the time of executing the sanctioning statements. it is then
when the imbalances between the factual and the sanctioned are born into legal life
administratively, since it has been shown throughout the investigation that in
different scenarios weighting judgments are conspicuous by their absence in character flaws
punitive, thus disfiguring the teleological purpose of the norm and giving rise to the subjectivity that
the judge protected by his discretion impresses his jurisdictional action. Finally
we will see how the State in use of its legitimate power has threatened the different subjects
procedures to integration within the sanctioning scenarios, in order to generate harmony at the time of ruling, for which it has used all the mechanisms of participation and defense
foreseen whose ultimate goal is only the harmonization of the norm with the rights
constitutionally protected.