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