EL DERECHO A LA DEFENSA Y DEBIDO PROCESO EN EL DERECHO ADMINISTRATIVO SANCIONADOR – CASO CONORTE

Abstract

In order to deepen the analysis of the right to due process, right to defense, violation of these rights and their consequences, this paper is structured as follows: first, in the concepts and general notions concerning the right to due process, right to defense, principle of party autonomy and the administrative sanctioning law; second, in the Conorte vs Prefectura del Guayas case that served as a guide to understand the analysis of constitutional judges in cases where there are possible violations of fundamental rights. In the end, the existence of several criteria was evidenced by the judges and consequently, it is analyzed how the violation of fundamental rights causes legal uncertainty.