El procedimiento sumarial incoado a las servidoras y servidores públicos en el Régimen Disciplinario de la ley Orgánica de Servicio Público y la aplicación del principio de proporcionalidad

Abstract

The disciplinary administrative process is aimed at investigating and punishing irregularities and infractions committed by public servants. This procedure, of the LO-SEP, is mandatory for the authorities that have knowledge of the alleged committing of administrative infractions. In this titling work, the effectiveness, importance and juridical foundations of these procedures, the current legislation, the jurisprudence and doctrine of the different authors are analyzed. The disciplinary bodies are involved in public administration because it is the duty of the authorities to investigate and punish the conduct of all public servants who depend on them, but the main obstacle lies in the fact that most of the national administrative disciplinary procedures, they are in charge of Human Resources personnel, lacking legal knowledge, who apply only the principle of legality and not others that the Constitution establishes as the pro homine principle and of direct applicability of constitutional rights and those enshrined in international instruments of rights humans whose application is mandatory