Estudio constitucional del principio non bis in ídem y su aplicación en el procedimiento administrativo sancionador en México, España, Colombia y Perú

Abstract

The thesis comprises nine chapters; the first explains the delimitation of the object of study in the research; the second compiles the historical antecedents of the principle non bis in idem; the third contains an analysis of the aforementioned principle in international treaties; the fourth is a study of said Latinism in legal doctrine; From the fifth to the eighth chapter includes the study of comparative law of the application of the principle non bis in idem in the administrative sanctioning procedure in Mexico, Spain, Colombia and Peru, the last chapter is a conclusive section of the legal, normative and doctrinal analysis of the application of Latinism in different legal systems, which identifies the particularities, similarities and differences of its application in legal practice in Europe and Latin America, in this section it is proposed to standardize the content, application and scope of the principle in legal practice in said States to avoid duplication of sanctions and double trials, thereby favoring the subject to the sanctioning power of the State, the guarantees of legal security, adequate defense, due process and the principle of legislative progressivity through legislative reform in accordance with the guarantor theories of the subjective rights of people.