LA APLICACIÓN DE ATENUANTES EN EL PROCEDIMIENTO ADMINISTRATIVO SANCIONADOR: UNA ESTRATEGIA PARA MEJORAR LA EFICACIA Y EFICIENCIA EN LA ADMINISTRACIÓN DE LOS GAD´S MUNICIPALES

Abstract

The creation of Decentralized Autonomous Governments seeks a closer and more efficient public administration, but in places like Samborondón, the implementation of local regulations through ordinances, especially in construction, faces efficiency problems due to administrative overload and the lack of clear regulation in sanctioning procedures. To promote a more efficient and effective administration, the figure of mitigating circumstances was created, allowing the sanctioning body to focus its time and resources on cases that really deserve it. Although this figure is widely developed in criminal law, its application in administrative law is limited. In Ecuador, although the Organic Administrative Code contemplates the possibility of reductions for offenders who recognize their responsibility, it does not include provisions on mitigating circumstances in the administrative sanctioning procedure. Therefore, the objective of this research is to identify the legal situations that could motivate the application of mitigating factors in the sanctions established in Article 82 of the building ordinance of the canton of Samborondón, which could serve as a reference for application in other ordinances.