Una interpretación alternativa a la justificación de garantías penales en el derecho administrativo sancionador para Chile

Abstract

This paper provides a brief description of the state of affairs on the issue of implementation of fundamental rights of the citizens in administrative penalty procedures, based on some statements of the Chilean courts of justice. Here it is propose uprightly to abandon the search for a «supposed natural or ontological identity» between administrative offense and criminal offense. Under these assumptions, we conclude that a rational understanding of the tools that the administration has, to determine their duties, can finally help as a clarification of the historical relationship between administrative penalty and punishment.