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PROTECTION FOR TEACHERS OF PUBLIC AND PRIVATE EDUCATIONAL ESTABLISHMENTS PRIOR TO THE SANCTIONING ADMINISTRATIVE PROCE-

Abstract:

The present investigation is aimed at establishing the inconsistency of the application of the protective measure of suspension of functions for an alleged act of violence, occurred within the educational system, prior to the initiation of the administrative procedure in educational institutions. In this sense, the purpose is to achieve compliance with the right to due process, in the exercise of the defense and the presumption of innocence, for the teachers of the Educational Institutions, accused of being involved in an alleged act of violence occurred within the Educational Institution where they provide their services, to the detriment of the students. Finally, to determine that the exercise of the activity of the public administration, in terms of the control it exercises in the National Education System, must not infringe the rights recognized in the law of the matter and in other related norms, nor contradict the rules by competence that correspond to other entities of the public administration; This is due to the fact that the suspension of functions cannot be exercised by the same entity subject to control by the gover-ning body of education, without forgetting that the suspension of functions is not provided for in the private labor legal system, but only in the legal system of the public sector of education. For this purpose, a descriptive and explanatory scope will be made, accompanied by the legal hermeneutic method, to indicate the transcendence and relevance of the due process.