Análisis del principio de proporcionalidad no contemplando en la Ley Orgánica de salud, para la sustanciación de los procesos sancionatorios de orden administrativo, en contra de los administrados

Abstract

In the current research, an analysis will be carried out of the absence of applying the principle of proportionality of administrative decisions as a result of the substantiation of certain processes established in the Organic Health Law by the National Agency for Regulation, Control and Sanitary Surveillance. ARCSA - Dr. Leopoldo Izquieta Pérez, as well as the legal implications against administrators, as well as the range of the government regulations in verifying infringements and violations that threaten the population' health. The main objective is to analyze a possible infringement of the right for legal safety, due to the fact that the controlling agency issues orders of sanction, as stated in the Organic Health Law, not being able to apply the principle of proportionality in the sanctions established in the abovementioned law, thereby resulting in infringements of administrative rights.