El principio de presunción de inocencia y su marco de aplicación en el Derecho Administrativo Sancionador

Abstract

Within the thought of two different theoretical models of democratic currents that confer a humanist ideology to political phenomena, an instrumental conception is attributed to the State, or the State is justified when it fulfills its main purpose, a social organization, or that allows the development of human activities and satisfy their needs. physical, intellectual and moral needs of each member of the social group; this organization could not be understood without Administrative Law. The field of Administrative Law is becoming more and more extensive, because dynamic social life, or scientific and technological development revolutionizes society and social relations faster than it adapts to Law, and it is necessary for the Administration to have legal and material capacity to successfully channel the regulation of society. In order to maintain social harmony and regulatory compliance, the State creates and empowers authorities to punish illicit conduct, by imposing corrective measures on subjects who violated the norm. The Democratic State has limited its creative capacity to dissuade or convince the administration to comply with the law, to the imposition of sanctions, for that reason it is necessary to develop a Sanctioning Administrative Law that regulates through rights, guarantees and principles or administrative sanction procedure . The previous evidence or dynamic character of the Administrative Law, which in latex sensu owes its evolution to social gear influenced by social, political, cultural, historical, economic, anthropological, philosophical factors, among others, that allow creating new paradigms, in an attempt to delimitation of the State and its punitive powers, necessary to successfully channel regulation and coexistence in society. The purpose of this investigation is to study and examine in depth the right of presumption of innocence without sanctioning administrative procedure, implemented by the Anglo-Saxon Public Administrations. For its elaboration, I carried out a wide dogmatic and legal study of the presumption of innocence in the Sanctioning Administrative Law in the Mexican Legal System and in Comparative Law —Colombia, Chile and Peru—, to expose two of its antecedents, to analyze various theoretical currents, various legal regimes, general, technical and procedural concepts, all related to various theses and rulings issued by the judicial authorities of the two countries studied, including some Spanish criteria. The object of the investigation is to establish the knowledge or degree of recognition and application of the right to the presumption of innocence in the different sanctioning procedures studied and to recognize the degree of progress and deficiencies in the Mexican Legal System.