El debido proceso en sede administrativa: garantía al ciudadano de una administración eficiente e imparcial

Abstract

In this article we will reference due process, and the importance that it has in the protection of fundamental rights. Due process has its origin in the «due process of law» anglo saxon, which is formed by the due process adjective and the due process noun. It is such that, in Latinamerica, due process adjective refers to the compliance of certain formalities of transact and procedure which must be observed for the emission of a sentence; while due process noun guarantees that the sentences are reasonable. Nowadays, due process is characterized not only for being a demand and guarantee at the internal law level that requires reasonability, sufficiency and congruence, but as such it has been recognized by international doctrine as a human right, this conclusion comes from the reading and interpretation of article 8 of the American Convention of Human Rights, which defines it as a sort of complex right, which implies the development of many concretizations of it, meaning that the exercise of a vast group of different rights, identifying them as support for the practicing of others. Without perjury of it, and to the effect of being able to understand in greater detail such affirmation, we must deconstruct its own conceptualization. Nevertheless, given the importance of its application, it has been established that due process constitutes what is called a principle-right that necessarily must be applied in jurisdictional headquarters. However, the jurisprudence and both the national and international doctrine have recognized that this principle-right must also be observed in the tramitation of administrative procedures, with the goal that people in the framework of an administrative procedure may defend adequately in front of any act coming from the State that may affect their rights, such as administrative sanctions.