La prueba pericial y los procedimientos administrativos sancionadores en el GAD municipal de Latacunga

Abstract

The study on expert evidence and disciplinary proceedings by the Municipal Administrative Authority (GAD) of Latacunga addresses an issue of great legal and administrative relevance, given that technical opinions form the basis for decisions that impact the rights of citizens and the legality of municipal actions. In the current context, where transparency and rigor are required in the exercise of disciplinary powers, gaps have been identified in local expert practice that could lead to arbitrariness or challenges. The research, which takes a qualitative approach, applies interviews to municipal civil servants and administrative judges, contrasting the findings with constitutional and regulatory standards such as the COA and the ordinance issued by the Municipal GAD of Latacunga that regulates administrative disciplinary proceedings. As a scientific innovation, reforms to the content ofthe aforementioned ordinance are proposed from a procedural perspective for the application of expert evidence. This proposal, in line with the line of research, seeks to increase certainty regarding the legal security of administrative sanctioning procedures, reduce the resources required for this, and strengthen the legitimacy of the sanctioning authority. The study concludes that the implementation of these mechanisms in the GAD Latacunga would represent a step towards a replicable model of municipal administrative justice, balancing the effectiveness of sanctions with respect for due process.