Abstract

ARTEAGA-HUILCA, Diego Armando; MERINO-SANCHEZ, Wilson Yovanny  and  COMAS-RODRIGUEZ, Raúl. Administrative sanctioning procedure in establishments regulated by the Ministry of Government in Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.22-37.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.368.

The objective of the scientific article was to analyze whether the procedure for applying the closure seal as a precautionary measure in establishments regulated by the Ministry of Government, as well as the probation period for the commission of an alleged infraction prior to the administrative resolution, can be considered an early sanction. The research has a qualitative approach and a non-experimental design; it is exploratory, using an analytical-synthetic method; documentary analysis with a review of regulations, scientific articles, doctrine, and files; interviews were conducted with legal experts whose professional development is linked to administrative sanctioning procedures. In conclusion, the application of the closure seal before the owner is heard restricts the right to defense, as it lacks prior judgment and procedure, thereby violating the presumption of innocence, recognized as a positivist right with the aim of guaranteeing personal and property freedom and integrity.

Keywords : Early sanction; administrative procedure; due process..

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