El control de convencionalidad en el procedimiento administrativo sancionador a cargo de la Contraloría General del Estado

Abstract

Abstract: The administrative sanctioning procedure undertaken by the Comptroller General of the State in Ecuador must be framed within the constitutional context and respect for international human rights instruments, only in this way are its actions legitimized within the framework of control of public resources, where a true general interest in favor of society. This research work addresses the conception, evolution and application mechanisms of conventionality control in administrative headquarters, taking as a reference the judgment of the Inter-American Court of Human Rights in the Gelman v. Uruguay case that determines the mandatory nature of its application. by all public authorities and not only the judiciary; Similarly, the arguments of the equal marriage judgment in Ecuador are analyzed, which expressly recognizes that the control of conventionality and constitutionality must be applied by all public authorities. Specific cases of normative acts that violate human rights are analyzed, as well as a case that triggers impunity for the omissions of the State's control body.