Abstract

VILCHEZ GUIVAR DE ROJAS, Leyla Ivon  and  ROJAS CALDERON, Fernando Manuel. VOLUNTARY CURE IN THE DETERMINATION OF FUNCTIONAL ADMINISTRATIVE RESPONSIBILITY IN PERU. Aula Virtual [online]. 2025, vol.6, n.13, e595.  Epub Dec 27, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.17782772.

The article reveals the legal treatment for voluntary rectification in the face of functional administrative liability in Peru, considering the two aspects of its legal provision, as an exemption and as a mitigating factor. The methodology used is basic, with a qualitative approach and grounded theory design. The technique of document review was used as a guide for document analysis. It concludes that in Peru, on the one hand, the common law General Administrative Procedure Law - Law N.º 27444 - provides for voluntary rectification as an exemption from administrative liability; and, on the other hand, Law N.º 27785, amended by Law N.º 31288, develops in its regulations the assumption of voluntary correction as a mitigating factor, which generates a legal antinomy that can be resolved if criteria for voluntary correction are provided for in the case of functional administrative liability.

Keywords : Mitigating factor; exculpatory factor; administrative procedure; functional administrative liability; voluntary rectification.

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