La proporcionalidad en sanciones a instituciones educativas en procedimientos sancionatorios

Abstract

The purpose of the administrative sanctioning procedure is to reestablish public order through the exercise of the sanctioning power, by means of which reasoned and motivated sanctions are established to the alleged administrative responsible parties. The purpose of the present investigation is to analyze the administrative act as a consequence of the administrative sanctioning procedure to educational institutions subject to the Organic Law of Intercultural Education, when these have incurred in some anti-juridical conduct foreseen in the legal system as an administrative infraction or illicit and to determine to what extent there is a lack of application of proportionality in the sanctions and how this may affect the stability of the administrative act and the constitutional and subjective rights of the receiver of the administrative act. Therefore, and in order to determine the lack of application of proportionality and the possible affectation, a theoretical-descriptive research of documentary type will be carried out, since it is necessary to analyze the administrative procedure from each of its stages and phases and at the same time determine from the requirements of validity of the administrative act how the final decision can be vitiated.