Análisis jurídico de la normativa aplicada en el procedimiento sancionador de la ARCSA y su incidencia en las garantías al debido proceso

Abstract

The research problem stems from the fact that the coexistence of the Organic Health Law (LOS, by its Spanish acronym) and the Organic Administrative Code (COA, by its Spanish acronym) in ARCSA’s administrative sanctioning proceedings creates antinomies that violate due administrative process. The overall objective is to analyze these antinomies and their impact on due process. Methodologically, this study employs a qualitative, legal-documentary, and proposal-oriented approach, utilizing dogmatic-legal, analytical-legal, and legal-sociological methods through the analysis of legislation, legal doctrine, two high court rulings, and pronouncements by the State Attorney General’s Office (PGE, by its Spanish acronym). The results reveal a second-degree antinomy that no classical criterion can resolve mechanically, reflected in the contradiction between PGE pronouncements 02145 and 03719, and show that the COA offers greater guarantees in eight of the nine variables compared. It is concluded that regulatory ambiguity compromises legal certainty; therefore, a comprehensive legislative reform is recommended to harmonize both sets of regulations.