La aplicación del principio del debido proceso en un sumario administrativo. Caso: Corporación Nacional de Telecomunicaciones

Abstract

This thesis comprises a study of the Application of the Due Process Principle in anAdministrative Summary. The oldest reference made about this principle of law isfound in the John Lackland’s Carta Magna, a manuscript signed in 1215, and thus theprinciple was included in the established state and international regulations. An analysisis made about the Due Process, which has achieved a broad evolution in history, and hashad a long way as a fundamental right, allowing performance towards the rights ofindividuals, through a link to the rules that seek to guarantee effective protection. TheDue Process is a fundamental right that in turn comprises a series of guarantees thatshould be respected in all processes and that determine the rights and obligations ofindividuals. It is unconditionally important that those processes should be honoured inthe Constitution of the Republic because it is a hierarchically superior norm that allowsthem to be applied concisely. As a result of the research, a more precise image of theDue Process is achieved and also, an accurate content of each one of its establishedguarantees, as a principle established in an Administrative Summary.