Abstract

FLORES-PLAZA, Diana Carolina; PROANO-REYES, Gladis Margot  and  LACH-TENECOTA, Wladimir. Discretion in educational administrative sanctions and the principle of proportionality. Noesis [online]. 2025, vol.7, n.esp1, pp.384-403.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.400.

The exercise of the Public Administration's power to impose sanctions is subject to constitutional principles, primarily that of proportionality, enshrined in the COA. Upon reviewing the LOEI and its regulations, the District Conflict Resolution Board is granted the power to impose sanctions. The objective of this research was to critically analyze the limits of administrative discretion in educational disciplinary proceedings and their link to the principle of proportionality. Using dogmatic and comparative law methods, national and foreign doctrine and legislation were analyzed. It is concluded that proportionality acts as a fundamental guarantee for those being administered, constraining the discretionary activity of the administration and requiring that any sanction be duly justified, rational, and proportionate to the offense committed, thus preventing arbitrary decisions.

Keywords : Discretionary power; proportionality; due process; sanctioning process; Organic Law of Intercultural Education..

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