La sanción administrativa como expresión del poder punitivo estatal y sus límites frente a los administrados.

Abstract

Abstract:This research analyzes the administrative sanctioning power as a manifestation of the State's punitive authority and examines its impact on the application of the principles of legality and *tipicidad* (legal specificity regarding offenses) within the Ecuadorian administrative sanctioning procedure. The study begins by defining the nature, basis, and scope of the public administration's authority to investigate infractions and impose sanctions, noting that the exercise of this power is constrained by the Constitution of the Republic of Ecuador, the law, and due process guarantees. From this perspective, the study examines risks arising from the expansive application of regulations, the use of analogy, regulatory overreach, and the arbitrary exercise of discretionary powers by the administration. It identifies the primary adverse effects that can occur when the administrative authority exercises its power without strictly adhering to the aforementioned principles. The study concludes that the legitimacy of the administrative sanctioning power depends on the existence of prior legal authorization, the precise definition of the infringing conduct, and a correspondence between the alleged infraction and the imposed sanction.