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Noesis

On-line version ISSN 2739-0365

Abstract

MORENO-GUERRERO, Henry Fredy  and  ALFONSO-GONZALES, Iruma. Violation of the right to due process in the administrative dismissal of authorities by the Comptroller's Office. Noesis [online]. 2025, vol.7, n.esp1, pp.111-124.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.373.

The research critically analyzes the power of the Comptroller General of Ecuador to remove elected officials from office and its compatibility with the right to due process. Using a qualitative approach based on documentary and jurisprudential analysis, it examines the limits of administrative sanctioning power in relation to the political rights recognized in the Ecuadorian Constitution and the American Convention on Human Rights. It identifies tensions between national regulations and the standards set by the Inter-American Court of Human Rights, which prohibit administrative bodies from imposing dismissals on elected officials. The findings reveal that the sanctions of removal from office carried out by the Comptroller's Office violate the principle of jurisdictionality and affect the will of the people expressed at the polls. As a proposal, the need for regulatory reforms and institutional training to guarantee the primacy of human rights in administrative processes is put forward.

Keywords : Due process; administrative dismissal; political rights; comptroller general of the state..

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