Principles of general administrative procedure in the law in latin america

I. The principles of the general administrative procedure in Law No. 27444 and a vision in Latin America

The first mandatory question that we must ask ourselves in order to develop the general principles of the Administrative procedure is: What is a principle? According to the dictionary of the Royal Academy of the Spanish Language in its Twenty-Second Edition, it indicates that the denomination principle comes (From the Latin Principian.) Being the base, the origin, or reasoned on which, any matter is discussed. In the field of administrative law, the principles are basic guidelines that regulate and clarify the operation of the procedure in the face of obscurity, violation, transgression, ambiguity, etc. by the administrative entity.

On the other hand, the administrative principles establish the procedure, form or manner between the Public Administration and the Administration, in that sense, a definition of the administrative procedure in Latin America is found in Mexico, being the Legislative Assembly of the Federal District, in its IV Legislature of December 19, 1995. Published in the Official Gazette of the Federal District on December 21, 1995 and in the Official Gazette of the Federation on December 19, 1995 - Mexico City. Which, states in its article No. 30.- “The administrative procedure will serve to ensure the best fulfillment of the purposes of the public administration of the federal district, as well as to guarantee the rights and legitimate interests of the governed, in accordance with the provisions by the applicable legal systems ”.

In the same way, the administrative procedure in Peru guarantees the legitimate rights and interests of the Public Administration and the Public Administration as far as it is legally applicable. Now, to start the administrative procedure, I will point out a didactic example; An administrator requests an operating license for a food outlet, the application is presented to the District Municipality of Miraflores, complying with the administration with the requirements established by the municipal entity in the Single Text of Administrative Procedure (TUPA), a Once entered at the party table of the Edil Corporation, the Administrative Procedure begins, which concludes with the issuance of the administrative act issued by the Entity regarding the request of the Administrator, in the present case,authorization for the operation of the food outlet. (The administrative Act generates rights and obligations).

In this sense, the aforementioned administrative procedure covers different terms, stages, requirements, etc. However; If abuse, inaction, violation, ineffectiveness, etc., on the part of the Public Administration (server, public official, etc.) with respect to what is requested are elucidated from the administrative procedure, the general principles governing the administrative procedure must be applied immediately.

In our National Legal System, the administrative procedure is regulated through the General Administrative Procedure Law - Law No. 27444 dated April 10, 2001, which provides a description of the principles in which the referred procedure is framed.. These are as follows:

No. Principles of Administrative Procedure in Peru

LegalityDue ProcedureImpulse of OfficeReasonablenessImpartialityInformalismPresumption of Truthfulness Procedural BehaviorCleanityEffectiveness Material TruthParticipationSimplicityUniformityPredictabilityPrivilege of Subsequent Controls

Likewise, the aforementioned legal instrument states that the list of principles of the administrative procedure is not unique or exhaustive. Consequently, other principles that encompass administrative law apply to Administrative Procedure.

In the same way, in different Latin American countries there are legal instruments that regulate the general principles of the Administrative Procedure, as is the case in the neighboring country of Chile through Law No. 19880 that "Establishes Bases of the Administrative Procedures that govern the acts of the Bodies of the State Administration ”. Published on May 29, 2003 and indicates in Article Nº 4. Regarding Principles of the procedure. "The administrative procedure will be subject to the following principles:

No. Principle of Administrative Procedure in Chile

DeedFreeCelerityConclusive Procedural EconomyContradictorinessImpartialityAbstentionNon FormalizationInexcusabilityImpugnabilityTransparencyAdvertising

Along these lines, the Brazilian Federal Law on Administrative Procedures and its amendments establish the following administrative principles:

No.	Principles of Administrative Procedure in Brazil	Principles of Administrative Procedure Translated
one	Legality	Legality
two	Efficiency	Efficiency
3	Ampla Defesa	Defending
4	Contradictory	Contradictory
5	Morality	Morality
6	Purpose	Purpose
7	Motivacao	Motivation
9	Reasonableness	Reasonableness
10	Proportionality	Proportionality
eleven	Legal Insurance	Legal security
12	Public Interest	Public interest

Along these lines, we also find in Colombia Law No. 1473 of 2011, on the New Code of Administrative Procedure and Administrative Litigation in Colombia. Which adds new principles of administrative procedure to the classics and incorporated in the administrative reform these are:

No. Principles of Administrative Procedure in Colombia

Due Administrative Procedure that replaces the Principle of Contradiction Equality Impartiality Good Faith Morality Participation Responsibility Transparency Legality

Likewise, the Law of Administrative Procedure - Law No. 2341 of Bolivia in its Title I General Provisions. Article Nº 4. What are the General Principles of Administrative Activity:

No. Principles of Administrative Procedure in Bolivia

FundamentalSelf protection Full compliance with the Law Material TruthGood FaithImpartialityLegality and Presumption of Legitimacy Normative HierarchyJudicial ControlEffectivenessEconomy, Simplicity and CelerityInformalismPublicityImpulse of OfficeFreePortality

No. Principles of Administrative Procedure in Uruguay

ImpartialityObjective LegitimacyImpulsion of OfficeMaterial TruthEconomy Speed and EfficacyInformation in favor of the AdministratorFlexibility, materiality and absence of ritualismMaterial delegationDue ProcedureContradictionGood faith, loyalty and presumption of truth unless proven otherwiseMotivation of the decisionFree of chargeImpulse of Office

In Central America, we have the case of the Republic of Honduras that establishes the principles of administrative procedures through the Administrative Procedure Law - Decree Number 172-87 issued by the Supreme Court of Justice, which sets the guidelines of administrative principles speed, efficiency, simplicity, due process, etc.

On the other hand, in countries such as Venezuela, administrative principles have constitutional rank as indicated by the 1991 Constitution in its article No. 141: "The Public Administration is at the service of citizens and is based on the principles of Honesty, Participation, Promptness, Efficacy, Efficiency, Transparency, Accountability and Responsibility in the Exercise of Public Function with full submission to the law and to the right ”.

In the same way, we have the case of the United Mexican States through the Federal Law of Administrative Procedures of 1994 that establishes the guidelines of the administrative principles among them we have; speed, efficiency, due process, legality, etc.

1) Principle of legality

The Principle of Legality is regulated in the General Administrative Procedure Law - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.1) "The administrative authorities must act with respect to the Constitution, the law and the law, within the powers attributed to them and in accordance with the purposes for which they were conferred."

The principle of Legality or Primacy of the Law, makes reference to us that the Public Administration cannot act in an authoritarian manner without respecting the legal instruments, however, its action must be within the legal framework established by the Constitution and the Laws included in a Rule of law.

The principle of Legality, is nothing but the most important principle in all branches of law, due to the legal security it provides and in the specific case of the administrative procedure, it refers that before a procedure all administrative authorities (Servants, Public Officials, etc) components of the Public Administration, must trace their performance within the framework of the legality of the Legal System.

In this sense, the administrative authorities should not act outside the provisions of the current legal regulations, otherwise, this behavior would lead to an illegal administrative act, void, consequently, once these acts of violation and transgression have been committed at the beginning. of legality, the corresponding judicial bodies would be activated so that the rights of those administered are fully guaranteed. However, we must take into consideration that the Public Administration must act according to the content of the standard.

It should be mentioned that the principle of Legality in the administrative procedure acts in a pre-existing regulatory manner prior to the action of the Public Administration, in the same way, the doctrinal current of positive relationship, refers that the administrative law legitimizes the action of the Public Administration. In the same way, we can affirm that the Public Administration immersed in an administrative procedure in order to issue a legitimate administrative act must frame its action, within the legal norms issued, in these parameters, otherwise, if the Public Administration transgresses that legal framework In contravention of the laws and regulations, the company could file actions in order to declare the invalidity of the administrative act, as an example,the nullity of the aforementioned act through administrative resources (Reconsideration, Appeal and Review).

On the other hand, the Latin American countries, in their administrative procedures include the principle of Legality, as is the case of the Constitution of the Eastern Republic of Uruguay, the aforementioned legal instrument states that the principle of Legality is a fundamental rule of application by of public bodies (1). Likewise, the principle of Legality can be observed in other countries such as Bolivia in its Law of Administrative Procedure - Law No. 2341 of April 23, 2002. General Principles of Administrative Activity. Article Nº 4. Administrative activity will be governed by the following principles. Subsection g) Principle of Legality and Presumption of Legitimacy: "The Actions of Public Admission, since they are fully subject to the Law, are presumed legitimate, unless expressly stated by the court to the contrary."

In Central America, as is the case of Costa Rica, this administrative principle is regulated in the General Law of Public Administration - Law No. 6227 dated May 2, 1978 in an updated version on January 3, 2001. Principle of Legality. Article NGB 18. 1) “The individual shall be empowered, in her relations with the Administration, to do everything that is not prohibited. 2) "Anything that prevents or disturbs the legitimate exercise of administrative powers or individual rights, as well as those that violate public order, morals or good customs, shall be understood to be prohibited."

On the other hand, in Panama, the principle of Legality governs administrative action as stated in Law No. 38 of Wednesday July 31, 2000, published in the Official Gazette, which approves the “Organic Statute of the Procurator for the Administration, Regulates the General Administrative Procedure and Issues Special Provisions ”. Article No. 34. Administrative actions in all public entities will be carried out in accordance with informality rules. Impartiality, uniformity, economy, speed and efficiency, guaranteeing the timely performance of the administrative function, without prejudice to Due Process, with objectivity and in accordance with the principle of strict legality. See.

Likewise, in Brazil, through Law No. 9,784 of January 29, 1999, the principle of Legality is applied in the Administrative Process in the field of Public Administration, established in Article No. 2. Paragraph I. Principle of Legality. For the Brazilian doctor; Meirelles Lopes Hely to this principle: «Legality, the principle of management, means that the public administrator is, in all his functional activity, subject to the commandments of the law, and the common good, and none of them should move or jump, otherwise perform a valid act and expose themselves to disciplinary measures, civil and criminal, as the case may be ”. (two)

The Principle of Due Procedure is regulated in the General Administrative Procedure Law - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.2) “The companies enjoy all the rights and guarantees inherent to due administrative procedure, which includes the right to present their arguments, to offer and produce evidence, and to obtain a reasoned decision based on law. The institution of due administrative procedure is governed by the principles of Administrative Law. The regulation of Civil Procedural Law is applicable only insofar as it is compatible with the administrative regime ”. Likewise, the Law of Administrative Procedure - Law No. 2341 of Bolivia in its Title I.General Provisions fixed in its article Nº 4 which are the General Principles of Administrative Activity: Subsection C) Principle of full submission to the Law: The Public Administration will govern its acts with full submission to the Law, ensuring due process to those administered.

2) Principle of due process

In the first place, it should be mentioned that the principle of Due Procedure is universally applicable and is used in democratic countries, that is, where the institutionality and the rule of law are respected and this in turn is linked to respect for the Constitution in each country. In the field of administrative procedure, this principle indicates that the administrated enjoy the rights and guarantees that are inherent to due procedure, that is, the administered when going to the Administrative Bodies enjoy the following rights:

Right to present their arguments. Right to present the evidence they consider convenient, as long as it is useful and pertinent. Right to be heard, example; The Administrator, who requests a hearing to contradict a statement by a public official. Right to have the final resolution duly motivated (Legal Basis).

Similarly, the principle of Due Procedure is one, which respects stages, deadlines, etc. Likewise, due administrative procedure is governed by administrative law and in the case of Peru in the same way, it is applied insofar as the rules stipulated in the Civil Procedural Law - Civil Procedure Code can be compatible.

Along these lines, the Constitutional Court has been pronounced, referring to Sentence No. 8957 - 2006 of March 22, 2007. Foundation No. 09 (3). In the same way, the Constitutional Court ruled, making reference to Sentence EXP. No. 1966-2005-PHC / TC dated March 26, 2005. Referring to the fact that the rights of those administered are affected by the absence or insufficiency of a procedure or affected (4).

In this sense, the final administrative act (generates rights and obligations) issued by the administrative entity must be motivated, it must coexist with a solid legal basis, based on the reports issued, tests, expert opinions, etc. in accordance with the requirements of validity stipulated in the General Administrative Procedure Law - Law No. 27444, and what is established by other norms that regulate our Legal System, otherwise, the administrative act issued will not produce effects.

Likewise, in the case of Colombia, the principle of Due Procedure is described through Law No. 1437 of January 18, 2011. By which, the Code of Administrative Procedure and Administrative Litigation is issued. Title I. General Provisions. Chapter I. Purpose. Article Nº 3.1. "By virtue of the principle of due process, administrative actions will be carried out in accordance with the rules of procedure and jurisdiction established in the Constitution and the law, with full guarantee of the rights of representation, defense and contradiction."

Along these lines, the application of this principle is important because it is a right that seeks contradiction and equality of arms for both the Public Administration and the Public Administration. Similarly, in Brazil, through Law No. 9,784 of January 29, 1999, which regulates the Administrative Process in the field of Public Administration, the principle of Due Process is applied in accordance with the "Principle of Motivation", established in Article Nº 2. Paragraph VII. It establishes that the public administrator must promote, in practice, the act, the indication of the factual and legal cases that led to the decision. It is the justification of the administrative act, a clear demonstration of the reasons that led to its practice by the administrator, so that he can verify its compliance with the law and the principles of the law.

On the other hand, in Panama, the principle of Due Process governs administrative action, as stated in Law No. 38 of Wednesday July 31, 2000, published in the Official Gazette, which approves the “Organic Statute of the Attorney General's Office. Administration, Regulates the General Administrative Procedure and Issues Special Provisions ”. Article Nº 34. “Administrative actions in all public entities will be carried out in accordance with informality rules. Impartiality, uniformity, economy, speed and efficiency, guaranteeing the timely performance of the administrative function, without prejudice to Due Process "

Likewise, the Law of Administrative Procedure - Law Nº 2341 of Bolivia in its Title I. General Provisions indicates in its article Nº 4 which are the General Principles of Administrative Activity: Subsection C) Principle of full submission to the Law. “The Administration Public shall govern their acts with full submission to the Law, ensuring due process to those administered ”.

In the same way, the Federal Law of Administrative Procedure of the United Mexican States published on August 4, 1995 in its Second Title. Of the Legal Regime of the Administrative Acts. First Chapter of the administrative act. Art. 3.- The elements and requirements of the administrative act are: V. “Be founded and motivated”; SAW. "Be properly founded and motivated"; VII. "Be issued subject to the provisions relating to the administrative procedure provided for in this Law"; XVI. "Be issued expressly deciding all the points proposed by the parties or established by law."

3) Principle of impulse ex officio

The Principle of Legal Boost is regulated in the General Administrative Procedure Law - Law No. 27444 in Article IV. Principles of Administrative Procedure. Subsection 1.3) "The authorities must direct and promote ex officio the procedure and order the performance or practice of the acts that are convenient for the clarification and resolution of the necessary issues."

This administrative principle is known as an ex officio or official impulse, by virtue of this principle, the administrative authorities direct and ex officio promote the administrative procedure Now, the administrative procedure can be promoted ex officio without the need for a party requirement, as specifically stated the Law of General Administrative Procedure - Law Nº 27444 in its Article Nº 145 (5).

An example, of application of the principle of Impulse of Office, an administrator requests an Authorization to transport common solid waste in larger vehicles before the District Municipality of Surco, the Transportation Management of the municipal corporation, has a deadline to be able to resolve by promoting the procedure administrative until the issuance of the final resolution requesting the documents that are necessary to the administered and in any case if there is an error or observation not noticed by the administered that would harm it, the Public Administration should act ex officio requesting the information from the entity of be necessary. In this sense, the Law of General Administrative Procedure - Law No. 27444, orders the performance or practice of the acts that are convenient to clarify and resolve the necessary issues,This, in accordance with those established in article No. 75, subsection 3) of the aforementioned legal body, are the duties of the administrative authority: “To prosecute the procedure ex officio, when it notices any error or omission of the administered, without prejudice to the corresponding action to them". Likewise, Article 148 subsection 6) of the aforementioned body refers to the Impulse of the administrative procedure by the authorities (6).Likewise, Article 148 subsection 6) of the aforementioned body refers to the Impulse of the administrative procedure by the authorities (6).Likewise, Article 148 subsection 6) of the aforementioned body refers to the Impulse of the administrative procedure by the authorities (6).

In the same way, the aforementioned normative body indicates in its chapter V. Organization of the Procedure. Article 145.- Promotion of the procedure. “The competent authority, even without a request from a party, must promote any action that is necessary for its processing, overcome any obstacle that opposes the regular processing of the procedure; determine the rule applicable to the case. even when the legal quotation has not been invoked or is erroneous; as well as avoiding the obstruction or delay due to unnecessary or merely formal procedures, adopting the appropriate measures to eliminate any irregularity produced ”.

The Principle of Impulse of Office is framed in the Legal Orders of Latin American countries as is the case of Bolivia in its Law of Administrative Procedure - Law No. 2341 of April 23, 2002. General Principles of Administrative Activity. Article Nº 4. Administrative activity will be governed by the following principles. Incised. N) Principle of Impulse of Office: “The Public Administration is obliged to promote the procedure in all the procedures in which the public interest mediates”. Likewise, this principle is regulated in Spain through Law 30/1992, dated November 26, on the Legal Regime of Public Administrations and Common Administrative Procedures. Chapter II. Organization of Procedures. Article 74.1 LRJ-PAC. "Principle of Officiality,which requires that the procedure be promoted ex officio in all its procedures ”.

Similarly, in Uruguay, the Decree Law of Administrative Procedure indicates in its book I. Of the Administrative Procedure in general. Section I. General Principles. Unique Title. General Rules of Administrative Action. Articles No. 05. Those interested in the administrative procedure shall enjoy all the rights and guarantees inherent to due process, in accordance with the provisions of the Constitution of the Republic, the laws and the rules of International Law approved by the Republic. These rights imply a procedure of reasonable duration that resolves your claims.

4) Principle of reasonableness

The Principle of Reasonableness is regulated in the General Administrative Procedure Law - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.4) “The decisions of the administrative authority, when they create obligations, qualify infractions, impose sanctions, establish restrictions on those administered, must be adapted within the limits of the attributed power and maintaining the due proportion between the means to be used and the ends public that must be protected, so that they respond to what is strictly necessary for the satisfaction of their mission ”.

Regarding the principle of Reasonableness, regulated in the Law of General Administrative Procedure - Law No. 27444, the administration has powers such as creating obligations, qualifying infractions and imposing restrictions on the administered. At the same time, it has a sanctioning power, that is, in the face of punishable conduct by the administered party, this sanction must be governed based on different criteria, among them, if the conduct is intentional or culpable, asking what is the damage that it has caused to the public administration and above all, there must be a proportion between the fact, the sanction and the result.

An example, regarding the principle of Officiality, an administrator has a local food sale, authorized by the District Municipality, however, it violates legal regulations of public safety, in that sense, the District Municipality that issued the authorization through a managerial report, initiates an administrative procedure ex officio and based on its municipal legal instruments such as:

Single Table of Infractions and Sanctions and Application Regulations and Administrative Sanctions

The Administrative Procedure culminates with the issuance of an administrative act, in the present case, a sanction imposed on the Administrator of pecuniary matter, which may be a fine, therefore, the sanction is framed within the reasonableness and proportion of the act committed by the Administrator.

Another example of the application of the principle of Reasonableness could occur in the case that in some public establishment food not suitable for consumption (horse) is sold, in this case, through an administrative procedure, the Public Administration imposes a pecuniary fine and the closure of the establishment for transgressing public health regulations and based on the damage caused to consumers who buy that product without knowing the origin or condition.

On the other hand, it should be mentioned that the public administration applies the principle of reasonableness in the administrative procedure of forced execution (7). In the same way, the principle of Reasonableness is framed in the General Administrative Procedure Law - Law No. 27444 in its Chapter II. Penalty Procedure. Subchapter I. On the Sanctioning Power in Article No. 230.- Principles of the administrative sanctioning power.

The sanctioning power of all public entities are additionally governed by the following special principles: 3). Reasonableness.- “The authorities must foresee that the commission of the punishable conduct is not more advantageous for the offender than complying with the infringed norms or assuming the sanction; as well as that the determination of the sanction considers criteria such as the existence or not of intentionality, the damage caused, the circumstances of the commission of the offense and the repetition in the commission of the offense ”.

In the same way, the principle of Reasonableness is applicable in other national legal instruments such as the Tax Code in its Fourth Book, of infractions, sanctions and crimes by means of which, the tax administration is empowered to impose sanctions in the form gradual according to their own standards (8).

Other Legal Regulations, such as the case of Brazil, which through Law No. 9,784 of January 29, 1999, regulates the Administrative Process in the field of Public Administration and applies the principle of Reasonableness and Proportionality, established in Article No. 2 Paragraph VI. In that sense. "The administrative principle of reasonableness requires proportionality in the issuance of the administrative act, the imposition of restrictions and sanctions must be in accordance with the fact committed and that satisfies the public interest."

5) Principle of impartiality

The Principle of Impartiality is regulated in the Law of General Administrative Procedure - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.5) "The administrative authorities act without any kind of discrimination between the administered, granting them equal treatment and protection against the procedure, resolving in accordance with the legal system and with attention to the general interest."

According to the Italian Professor Massimo Severo Giannini (9), the origin of the principle of Impartiality occurred in England as a rule of neutrality and application in the public administration to later spread to other countries as in the case of the United States of North America. Likewise, the principle of Administrative Impartiality is derived from another important administrative principle such as Administrative Equality, that is, in the face of both public and private interests, the balanced proportion between the two must be found, in order to avoid arbitrariness in the field. administrative it could be said equality of arms for the Public Administration and the Administered.

In this sense, the administrative authorities may not act with any kind of discrimination between the administered, there must therefore be equal treatment between both in respect of the legal legal order, for example, in the case of a trilateral administrative procedure in the which, one of the administered is a corporation and on the other side the administered is a natural person, should give equal treatment and not the one who is better positioned economically.

In this sense, the public administration must act impartially and not based on personal or economic interests, etc. and their behavior be oriented in connectivity with the general interests. Likewise, it is derived from this administrative principle, that those administered cannot be discriminated against, either because of religion, sex, language, social condition, etc. they must be treated equally and impartially. However, there may be inequality but in a positive way, that is, as an example; in the event that the Administrator is a person with a disability.

On the other hand, other legal systems, such as in the case of Italy, also establish the principle of impartiality in the administrative sphere as referred to in the Italian Constitution of 1948. Article No. 97, subsection 11) which establishes. “Public bodies are organized according to legal provisions, so that the proper functioning and impartiality of the administration are ensured. " In the same way, I can cite the Uruguayan Constitution, which, states in its Law of Administrative Procedures, Articles No. 8, 58 and 59, public bodies are subject to impartiality in the Actions of the Public Administration.

In the same way, the aforementioned administrative principle is applied in Chile through Law No. 19880 of May 29, 2003, which "Establishes the Basis of the Administrative Procedures that govern the Acts of the State Administration Bodies." In its article No. 11. Principle of impartiality.

“The Administration must act objectively and respect the principle of probity enshrined in the legislation, both in the substantiation of the procedure and in the decisions it adopts. The facts and grounds of law must always be expressed in those acts that affect the rights of individuals, whether they limit, restrict, deprive them, disturb or threaten their legitimate exercise, as well as those that resolve administrative appeals ”.

Similarly, this principle is regulated in Spain through Law 30/1992, dated November 26, on the "Legal Regime of Public Administrations and Common Administrative Procedures". Principle of Impartiality. Section IV. Stakeholder participation. Article Nº 85 LRJ-PAC. Action of the interested parties. Item 3). In any case, the investigating body will adopt the necessary measures to achieve full respect for the principles of contradiction and equality of those interested in the procedure.

In Spain, the principle of Impartiality is in accordance with the principle of Equality in that line, administrative files keep an order in homogeneous matters, that is, grouping, unless the administrative authority decides otherwise. As in the case of Peru, where similar administrative procedures are accumulated.

The principle of Impartiality is also framed in the Legal Orders of Latin American countries such as Bolivia in its Law of Administrative Procedure - Law No. 2341 of April 23, 2002. ”The administrative authorities will act in defense of the general interest, avoiding all kinds of discrimination or difference between those administered ”.

However, persons who, due to their economic, physical or mental condition, are in circumstances of manifest weakness will be the object of special treatment and protection. Subsection No. 3. By virtue of the principle of impartiality, the authorities must act bearing in mind that the purpose of the procedures is to ensure and guarantee the rights of all persons without any discrimination and without taking into account factors of affection or interest and, in general any kind of subjective motivation.

6) Principle of informalism

The Principle of Informalism is regulated in the General Administrative Procedure Law - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.6) "The procedural rules must be interpreted in a favorable way to the admission and final decision of the claims of the administered, so that their rights and interests are not affected by the requirement of formal aspects that can be corrected within the procedure, provided that said excuse does not affect the rights of third parties or the public interest.

Through the Principle of Informalism, the client is protected (Defense document), in such a way that his interests are not harmed by the issuance of the administrative act due to lack of procedural aspects in the procedure, for example; form, procedure, deadlines, etc.

In Latin America, the principle of informality applies, as in the case of Costa Rica reflected in Judgment No. 05-004598-0007-CO. Res. No. 2005-06141 of the Constitutional Chamber that establishes guidelines regarding this principle in Considering VI (10).

7) Principles of presumption of veracity and privilege of subsequent controls

The Principle of Presumption of Veracity is regulated in the General Administrative Procedure Law - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.7) Principle of presumption of truthfulness.- “In the administrative procedure, it is presumed that the documents and declarations formulated by the administrations in the manner prescribed by this Law, respond to the truth of the facts that they affirm. This presuntion allow test on contrary".

In an administrative procedure, the company issues sworn statements, delivers various documentation required by the entity, presents documentary evidence, etc. according to the requirements established in the legal system of the Public Entity, the content of these documents, it is presumed that they are found according to law, that is, the facts contained in those documents and presented by the companies are true, therefore, they are valid and effective.

However, this presumption of veracity is Iuris Tantum º (A presumption iuris tantum is one that is established by law and that admits evidence against, that is, it allows to prove the inexistence of a fact or right, that is, it admits evidence to the contrary). And this will be reflected through the principle of Privilege of Subsequent Controls. In this sense, the administrative principle of Veracity is concatenated with the principle of privilege of Subsequent Controls.

An example of the application of this administrative principle: "A" is a company dedicated to the execution of road works, the District Municipality of Cajatambo grants it the Good Pro as the winner in a Public Bidding process for the construction of a rehabilitation work of roads (Regulated in the norms indicated by the Law of Contracting and Acquisitions of the State - DL No. 1017 and its Regulation - Supreme Decree No. 013-2001-PCM), the public administration has the power to verify whether the documentation presented by the winning company as a candidate in the Public Bid is true. In other words, the Public Administration exercises its control power after the award to the winning company.

In the same way, the presumption of truthfulness is framed in the General Administrative Procedure Law - Law No. 2744 in Article 42.- Presumption of truthfulness that states:

42.1 All sworn statements, substitute documents submitted and the information included in the documents and forms submitted by the companies to carry out administrative procedures, are presumed to have been verified by whoever uses them, as well as truthful content for administrative purposes, except evidence to the contrary.42.2 In the case of part translations, as well as professional or technical reports or certificates presented as substitutes for official documentation, said responsibility jointly and severally extends to the person presenting them and those who have issued them.

In this sense, the principle of Truthfulness is in relation to the Principle of Principle of Privilege of Subsequent Controls regulated in the Law of General Administrative Procedure - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.16) “The processing of administrative procedures will be based on the application of subsequent control; reserving the administrative authority, the right to verify the veracity of the information presented, compliance with the substantive regulations and apply the pertinent sanctions in the event that the information presented is not truthful ”.

In order to illustrate the issue, it could be the case that "A" an administrator wishes to contract a civil marriage in the District Municipality of Surco in the province and department of Lima and among the documents required by the municipal entity presents a birth certificate issued by the District Municipality of Miraflores in the province and department of Lima, the District Municipality of Surco through its Management or Civil Registry Office, where you present your marriage application, you can request from the District Municipality of Miraflores the birth certificate end of determine whether it is true or false.

Another example, in which case "B" in a public tender to fill the position of Environmental Engineer presents an affidavit of being a Titled Engineer in the Engineering branch at the National University of Cuzco, the public administration exercises its administrative authority through of the subsequent audit by requesting the information from the aforementioned university in order to verify the authenticity of the document presented by the administrator.

In this sense, the responsibility for delivering the document is for the company and, if applicable, for the person who issued it. (This also brings with it the corresponding criminal actions). Likewise, the presumption of veracity and subsequent control is also regulated in Supreme Decree No. 070.89.PCM. Regulation of the Law of Administrative Simplification (11).

On the other hand, in order for the principle of Presumption of Veracity to be applied correctly, we find in different entities of the Public Administration the official or servant designated as notary, who after comparing the original copy and copy, making the respective comparison determines the validity of the document presented by the Public Administration or the Administrator, that is, its function is to certify, certify and / or authorize that the copy of the document is the faithful reproduction of the original document, therefore, its incorporation in the administrative procedure is valid.

The principle of presumption of truthfulness is also found in other legislations such as the case of Mexico in its Law of Administrative Procedure of the Federal District in the Legislative Assembly, IV Legislature published in the Official Gazette of the federal district on December 21, 1995 and in the Official Gazette of the Federation on December 19, 1995. Article No. 32.- "The administrative procedure may be initiated ex officio or at the request of the interested party. The manifestations, reports or declarations rendered by the interested parties to the competent authority, will be presumed certain Unless proven otherwise, even when they are subject to the control and verification of the authority. If the reports or statements provided by the individual are false, the corresponding administrative sanctions will be applied,without prejudice to the penalties incurred by those who conduct themselves falsely in accordance with the applicable legal regulations. The administrative action of the authority and that of the interested parties will be subject to the principle of good faith ”.

As can be seen above lines, of the administrative procedure both in Mexico and Peru, the manifestations, reports or statements rendered by the Administrator, operates through the presumption Iuris Tamtum, therefore, evidence to the contrary is admitted and this is delimited when it enters in application the principle of subsequent audit. Likewise, both the Public Administration and the Administrations must act on the merit of the principle of good faith in the administrative procedure.

8) Principle of procedural conduct

The Principle of Presumption of Procedural Conduct is regulated in the General Administrative Procedure Law - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.8) “The administrative authority, the companies, their representatives or lawyers and, in general, all the participants in the procedure, carry out their respective procedural acts guided by mutual respect, collaboration and good faith. "No regulation of the administrative procedure can be interpreted in such a way as to protect any conduct against procedural good faith."

a) What is mutual respect in the Principle of Presumption of Procedural Conduct?

Answer.- It is the respect or recognition, the consideration between all the participants (Public Administration, Administrators, Experts, etc.) in an administrative procedure, understood as reciprocity.

b) What is collaboration on the Principle of Presumption of Procedural Conduct?

Answer.- Collaboration refers abstractly to any administrative procedure where the participation of all the participants as a whole is involved and their behavior is in accordance with current regulations.

c) What is good faith in the Principle of Presumption of Procedural Conduct?

Answer.- Good faith in the administrative field is a general principle of law that consists of honesty, conviction regarding the truth presented by the participants in the administrative field, therefore an honest and honest conduct is required of all its participants. Example: if an administrator presents a document proving an authorization, it is presumed that this document is true.

In this sense, all the participants among them, the administration and public and the administered in all the stages or phases immersed in an administrative procedure must act with probity, this conduct of collaboration and good faith must go beyond the final result in a procedure administrative, that is, in a future administrative contentious process, it must also be applied in the procedural conduct, there is a violation of this principle, when, for example, there is a malicious delay, for which there is a violation of the deadlines to issue an administrative act. In some Latin American countries, such as in the case of Colombia, this principle is described through Law No. 1437 of January 18, 2011. By which, the Code of Administrative Procedure and Administrative Litigation is issued.Title I General Provisions. Chapter I. Purpose. Article Nº 3.3. "By virtue of the fact that the actions of individuals and public authorities must adhere to the postulates of good faith, which will be presumed in all efforts."

In the same way, in Brazil, through Law No. 9,784 of January 29, 1999 that regulates the Administrative Process in the field of Public Administration, the principle of the Presumption of Procedural Conduct is applied through the principle of Loyalty and Good Faith. This administrative principle confirms the need for the parties, both the administration and the administered, to behave in a civilized society, urban simulations, avoiding illicit behavior and participation and lack of respect for the another part, indicating the facts as true, and collaborating with the clarification of these.

9) Principle of haste

The Principle of Speed is regulated in the General Administrative Procedure Law - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.9) “Those who participate in the procedure must adjust their actions in such a way as to provide the process with the maximum possible dynamics, avoiding procedural actions that hinder its development or constitute mere formalities, in order to reach a decision in a reasonable time, without that this relieves the authorities of respect for due procedure or violates the law ”.

According to the Dictionary of the Spanish Language in its Twenty-Second Edition, it indicates that the name haste comes (From Lat.celeritas, -atis) means promptness, speed, speed. The principle of Administrative Celerity in the administrative procedure, must be developed with dynamism with rapidity in its actions, for this, the participation of all is required, be it the Public Administration and Administrations, experts, lawyers, etc. The faithful compliment to all.

The principle of Administrative Speed is in accordance with Legislative Decree No. 1029 (12), which modifies the Law of General Administrative Procedure - Law No. 27444 and the Law of Administrative Silence - Law No. 29060 in order to contribute to the simplification in the administrative procedure at the end of the notifications, this refers to the speed of the deadlines, nullities, sanctions, etc. In this way, the principle of Administrative Speed is found in the aforementioned legal regulation through Article 148.- Rules for speed To ensure compliance with the principle of speed of procedures, the following rules are observed:

In the promotion and processing of cases of the same nature, the order of entry is rigorously followed, and they are resolved as their state allows, informing the superior of the reasons for delay in complying with the law deadlines, which are not may be removed ex officio.In a single decision, the fulfillment of all the necessary procedures that correspond to their nature will be provided, as long as they are not successively subordinate to each other in their compliance, and all the proceedings and procedures will be concentrated in the same act. Possible evidence actions, ensuring that the development of the procedure is carried out in the least number of procedural acts When requesting procedures to be carried out by other authorities or those administered, the final term for its fulfillment must be recorded with a certain date,as well as the warning, if provided for in the regulations. In no case may the processing of the files or the attention of the service be affected by the absence, occasional or not, of any authority. Authorities that for reasons of leave, vacations or other temporary or permanent reasons leave their workplace, will deliver to the person who replaces them or to the hierarchical superior, the documents and files in their charge, with the knowledge of the managers. the motivation of several resolutions, means of production in series may be used, as long as it does not damage the legal guarantees of the administered; However, each one will be considered as an independent act. The competent authority, to promote the procedure,You can entrust an immediate subordinate to carry out specific impulse procedures, or request the collaboration of another authority to carry them out. In collegiate bodies, such action must fall on one of its members. In no case may the authority allege deficiencies of the company not noticed when the application is submitted, as a basis for denying its claim.

Similarly, in other international legal systems, the aforementioned administrative principle is applied, such as the case of Chile through Law No. 19880 of May 29, 2003, which "Establishes Bases of the Administrative Procedures that govern the Acts of the Bodies of the State Administration ”. In its article No. 07. Principle of Celerity.

“The procedure, subject to the criterion of speed, will be promoted ex officio in all its procedures. The authorities and officials of the organs of the State Administration must act on their own initiative in the initiation of the procedure in question and in its prosecution, expediting the procedures that the file must comply with and removing any obstacle that may affect its prompt and due decision. In the dispatch of the files originated in an application or in the exercise of a right, the rigorous order of entry in matters of a similar nature will be kept, unless the head of the administrative unit gives a reasoned order to the contrary, of which constancy".

Similarly, this principle is regulated in the Ibero-American country of Spain through Law 30/1992, dated November 26, on the "Legal Regime of Public Administrations and Common Administrative Procedures". Celerity Principle. In its Title VI. Of the General Provisions on Administrative Procedures. Chapter II. Organization of the Procedure. Section IV. Stakeholder participation. Article No. 75:

Item 1). All the procedures that, by their nature, admit a simultaneous impulse and its successive fulfillment is not required, will be agreed in a single act. legal established for this purpose.

Similarly, in the case of Uruguay, we have the Decree Law of Administrative Procedure. Book I. Of the Administrative Procedure in general. Section I. General Principles. Unique Title. General Rules of Administrative Action. Article Nº 02. The classification of administrative principles. Article Nº 8. “In the administrative procedure, the speed, simplicity and economy of the same must be ensured and the performance or requirement of unnecessary or arbitrary procedures, formalities or precautions that complicate or hinder its development must be avoided, these principles will tend to the most correct and full application of the other principles set forth in article 2 ”.

In the same way, in the Republic of Honduras, the principle of speed is established through the Administrative Procedure Law - Decree Number 152-87, Second Title. The Administrative Activity. Chapter I. General Principles. Article 19. "The administrative bodies will develop their activity, subject to the normative hierarchy established in Article 7 of the General Law of Public Administration and in accordance with standards of economy, speed and efficiency, in order to achieve a prompt and effective satisfaction of the general interest".

10) Principle of efficacy

The Principle of Efficiency is regulated in the Law of General Administrative Procedure - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.10) “The subjects of the administrative procedure must prevail compliance with the purpose of the procedural act, over those formalities whose performance does not affect its validity, does not determine important aspects in the final decision, does not diminish the guarantees of the procedure, or cause defenselessness to the administered. ”In all cases of application of this principle, the purpose of the act that takes precedence over non-essential formalities must conform to the applicable regulatory framework and its validity will be a guarantee of the public purpose that is sought to be satisfied with the application of this principle ”.

According to the Dictionary of the Spanish Language in its Twenty-Second Edition, it indicates that the name haste comes (Del Lat efficacĭa), which is the ability to achieve the desired or expected effect. Efficiency is the ability to achieve a desired, expected or desired effect in the administrative procedure, that is, that the roles and objectives are fulfilled and in particular respect the general interest, it is an axiological value that is achieved, an examination on the result in the administrative procedure that can be the valid administrative act through a resolution that ends the procedure.

This effectiveness is reflected in the results of the Public Administration and in respect of all the principles of the Administrative Procedure, respect for the legal system, and behavior within the administrative legal parameters or standards. The Public Administration must constantly make internal examinations to determine the effectiveness of the work it has been doing, as well as the improvements that could be applied as the case may be.

This principle also applies to Latin American countries such as Venezuela through the Organic Law of Administrative Procedures. Title II Of the Administrative Activity. Chapter I. General Provisions. Article Nº 30. “The administrative activity will be carried out in accordance with the principles of economy, efficiency, speed and impartiality. The higher authorities of each body will ensure compliance with these precepts when they have to resolve issues related to the procedural rules ”.

Likewise, in Colombia this principle is described through Law No. 1437 of January 18, 2011. By which, the Code of Administrative Procedure and Administrative Litigation is issued. Title I General Provisions. Chapter I. Purpose. Article Nº 3. 11. “By virtue of the principle of effectiveness, the authorities will seek that the procedures achieve their purpose and, for this purpose, will ex officio remove purely formal obstacles, avoid inhibitory decisions, delays or delays and will clean up in accordance with this Code of procedural irregularities that arise, in order to ensure the effectiveness of the material right that is the object of the administrative action ”.

These descriptions of the Latin American countries, including that of Peru, are similar, because the principle of Efficacy develops the administrative procedure within optimal standards, respecting deadlines, stages, achieving legal security for the Administrator, respecting the legal interest, to achieve this objective requires qualified personnel, good salaries, constant training, etc.

For Andre Villalba Anguas in the Article "The Efficiency of Public Administration" in Column Published in the newspaper "El País" of Spain dated January 17, 1994, refers in the field of administration in social security in Spain that: In state agencies where there is a good organization, and are directed by moderately reasonable and prepared people, the service to citizens can be as good as that which private entities can offer. For example, said without wishing to affirm that it is the no more than efficiency, nor that it constitutes an exceptional case among public bodies, its organization has been improving in recent years (it is true that under sustained pressure from staff, having achieved a remarkable advance that is worth knowing.Doing an analysis of this we can see that in our realization there are few entities of the public sector that really apply efficiency.

Likewise, the Law of Administrative Procedure - Law No. 2341 of Bolivia in its Title I General Provisions indicates in its article No. 4 which are the General Principles of Administrative Activity: Item J) Principle of Efficacy: Every administrative procedure must achieve its purpose, avoiding undue delay.

11) Principle of material truth

The Principle of Material Truth is regulated in the General Administrative Procedure Law - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.11) “In the procedure, the competent administrative authority must fully verify the facts that serve as the basis for its decisions, for which it must adopt all the necessary evidentiary measures authorized by law, even when they have not been proposed by the administered or have agreed to waive them. In the case of trilateral procedures, the administrative authority will be empowered to verify by all available means the truth of the facts that are proposed by the parties, without this implying a substitution of the evidentiary duty that corresponds to them. However,the administrative authority will be obliged to exercise said power when its pronouncement could also involve the public interest ”.

Making a comment on this administrative principle, the Public Administration in order to issue a valid administrative act and in respect of legal certainty, the act must be duly motivated, for this, it must be based on true evidence through facts, documents, statements expert reports, etc., and this in turn must be verified.

The principle of material truth is also framed in the Legal Regulations of Latin American countries such as Bolivia in its Law of Administrative Procedure - Law No. 2341 of April 23, 2002. General Principles of Administrative Activity. Article Nº 4. Administrative activity will be governed by the following principles. Incised. D) Principle of Material Truth: The Public Administration will investigate the material truth in opposition to the formal truth that governs civil procedure.

12) Principle of participation

The Principle of Participation is regulated in the Law of General Administrative Procedure - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.12) “Entities must provide the necessary conditions to all those administered to access the information they manage, without expression of cause, except those that affect personal privacy, those linked to national security or those that are expressly excluded by law; and to extend the possibilities of participation of the companies and their representatives, in those public decisions that may affect them, through any system that allows the dissemination, the information access service and the presentation of opinion ”.

Regarding the principle of Participation, all Administrators have the right to request information from the public entity without the need to specify why, we request it, we have to understand this principle as a democratic way, in which we, the administered can act have the possibility of a control in the development of the functions of the public administration, in our country this principle of Participation is in accordance with the Principle of Access to Information of Public Entities.

Likewise, this principle of Participation through access to information held by Public Entities is in relation to Transparency and Access to Public Information regulated in Peru in Law No. 27806 "Law of Transparency and Access to Information Public ”dated August 2, 2002, which, as stated in Article No. 08. Entities Obliged to report. "Said entities will identify, under the responsibility of their highest representative, the official responsible for providing information requested by virtue of this law." Likewise; in accordance with Article N ° 11 of said regulation.

Access to Public Information is subject to the following procedure. Subsection a) Any request for information must be directed to the official designated by the Public Administration entity to carry out this task. Likewise; Supreme Decree No. 072-2003-PCM Approving the Regulation of the Law on Transparency and Access to Public Information in Article No. 3. It describes the obligations of the highest authority of the entity, subsection b) Appoint the officials responsible for delivering public access information.

Similarly, we can cite the following regulations related to access to information in the Peruvian administrative legal regime:

Article 9.- Legal persons subject to the private regime that provide public services

Legal persons subject to the private regime described in subsection 8 of Article I of the Preliminary Title of Law No. 27444 that manage public services or perform administrative functions of the public sector under any modality, are only obliged to provide the information related to the provision of the same to their respective supervisory bodies, so that they can comply with the obligations established in this Law. (…)

Article 18.- Conservation of information

In no case may the Public Administration entity destroy the information it possesses. The entity of the Public Administration must send to the National Archive the information in its possession, within the terms stipulated by the Law on the matter. The National Archive may destroy information that is of no public utility, when a reasonable period of time has elapsed during which such information has not been required and in accordance with the regulations governing the National Archive.

Title IV. Transparency on the Management of Public Finances

Article 20.- Object. The main purpose of this title is to grant greater transparency to the management of Public Finances, through the creation of mechanisms to access information of a fiscal nature, so that citizens can exercise supervision over Public Finances and allow adequate accountability. of counts.(…).

Likewise, the principle of Access to Information is regulated through the General Administrative Procedure Law - Law No. 27444. Article 160.- Access to file information:

160.1.- The companies, their representatives or their lawyer, have the right of access to the file at any time during its processing, as well as to their documents, antecedents, studies, reports and opinions, obtain certifications of their status and obtain copies of the pieces it contains, upon payment of the cost thereof.

Only those actions, proceedings, reports or opinions that contain information whose knowledge may affect your right to personal or family privacy and those that are expressly excluded by law or for national security reasons in accordance with the provisions of subsection 5) are excepted. of Article 20 of the Political Constitution.

Additionally, matters protected by banking, tax, commercial and industrial secrecy are excepted, as well as all those documents that imply a prior pronouncement by the competent authority.

160.2.- The access request may be made verbally and it is granted immediately, without the need for express resolution, in the office where the file is located, even if it is not the document reception unit.

Similarly, this principle is regulated in the Ibero-American country of Spain through Law 30/1992, dated November 26, on the "Legal Regime of Public Administrations and Common Administrative Procedures". Title IV. On the Activity of Public Administrations. Chapter I. General Standards. Article No. 35 LRJ-PAC. Citizens' rights. Citizens, in their relations with Public Administrations, have the following rights:

Section A) Know, at any time, the status of the processing of the procedures in which they have the status of interested parties, and obtain copies of the documents contained therein. Section B) Identify the authorities and personnel at the service of the Administrations Public entities under whose responsibility the procedures are processed. Section G) Obtain information and guidance about the legal or technical requirements that the current provisions impose on the projects, actions or requests that they propose to carry out.

Article Nº 37. Right of access to Archives and Records.

Subsection 1) Citizens have the right to access the records and documents that, forming part of a file, work in the administrative archives, whatever the form of expression, graphic, sound or image or the type of material support in that appear, provided that such files correspond to procedures completed on the date of the request and Section 2) Access to documents containing data relating to the privacy of people will be reserved for them, who, in the event of observing that such data are listed.

In the case of Mexico, access to information in the administrative field is regulated in the Political Constitution of the United Mexican States in its

Title First. Chapter I. Human Rights and their Guarantees (The name was amended by decree published in the Official Gazette of the federation on June 10, 2011. (13) In the case of Ecuador, access to information is found through of the Organic Law of Transparency and Access to Public Information Article 1. Principle of Public Information Publicity.- Access to public information is a right of the people guaranteed by the State.

All the information that emanates or is in the power of the institutions, agencies and entities, legal persons of public or private law that, for the subject matter of the information have participation of the State or are concessionaires of this, in any of its modalities, In accordance with the Organic Law of the General Comptroller of the State, the organizations of workers and servants of the State institutions, higher education institutions that receive State income, the so-called non-governmental organizations (NGOs), are subject to the principle of publicity.; therefore, all information they have is public, except for the exceptions established in the terms of the Law. On the other hand, in Colombia we have Law 57 of 1985, which orders the publicity of official acts and documents.Article 15.- "The authorization to consult official documents and to issue copies or photocopies, authenticated if the interested party so wishes, must be granted by the head of the respective office or the official to whom he has delegated said power."

13) Principle of simplicity

The Principle of Simplicity is regulated in the Law of General Administrative Procedure - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Section 1.13) “The procedures established by the administrative authority must be simple, and all unnecessary complexity must be eliminated; that is to say, the required requirements must be rational and proportional to the purposes to be fulfilled ”.

The administrative procedure has to be effective, and the administration has to arrive in an easier way, so that they cannot be subjected to objections and delays that can harm the administrative procedure, therefore, efficiency mechanisms must be sought that may occur through the Public Administration in search of improving its operation, that is, for example, that the requirements that are requested for certain procedures the administered can comply with the delivery, eliminating the irrationality in the documents to be presented.

The principle of Simplicity is also framed in the Legal Regulations of Latin American countries, such as Bolivia in its Administrative Procedure Law - Law No. 2341 of April 23, 2002. General Principles of Administrative Activity. Article Nº 4. Administrative activity will be governed by the following principles. Incised. K) Principle of economy, simplicity and speed: Administrative procedures will be carried out with economy, simplicity and speed, avoiding unnecessary procedures, formalities or procedures.

14) Principle of uniformity

The Principle of Uniformity is regulated in the Law of General Administrative Procedure - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Section 1.14) “The administrative authority must establish similar requirements for similar procedures, guaranteeing that the exceptions to the general principles will not be converted into the general rule. All differentiation must be based on duly supported objective criteria ”.

Regarding this principle, the Public Administration immersed in an administrative procedure, the requirements, stages, deadlines, documents, statements, etc., must be homogeneous according to the matters that are being aired, this goes hand in hand with the provisions of the instruments of management that have been used in public entities, as in the case of the Single Text of Administrative Procedures (TUPA), which indicates, type of procedures, responsible body, requirements, stages, deadlines, resources, etc.

15) Principle of predictability

The Principle of Predictability is regulated in the Law of General Administrative Procedure - Law No. 27444 in its Article IV. Principles of Administrative Procedure. Subsection 1.15) "The administrative authority must provide the administered or their representatives truthful, complete and reliable information on each procedure, so that at the beginning, the administered can have a fairly certain awareness of what the final result will be obtained..

The Principle of Predictability is also known as the Principle of Legal Security or the Principle of Certainty by means of which, with respect to these principles synonymous with each other, they state that the administrative procedure must create trust between the administered and the public administration in this way before a Clear, efficient, transparent, public procedure, of course, corruption or illegal acts cannot be elucidated, in such a way that the company is aware of the result of the procedure and the issuance of the act by the public administration, this administrative resolution would be similar in the administrative procedures presented, this in relation to and in accordance with the provisions of the General Administrative Procedure Law - Law No. 27444 Article VI.- Administrative precedents.

1. The administrative acts that, when resolving particular cases, expressly and generally interpret the meaning of the legislation, will constitute administrative precedents of mandatory observance by the entity, as long as said interpretation is not modified.

Said acts will be published in accordance with the rules established in this regulation. 2. The interpretive criteria established by the entities may be modified if it is considered that the previous interpretation is not correct or is contrary to the general interest. The new interpretation may not be applied to previous situations, unless it is more favorable to the companies. 3. In any case, the mere modification of the criteria does not authorize the ex officio review of the final acts at the administrative headquarters.

This administrative principle tells us that once the public administration participates in an administrative procedure, the action of the public administration avoids the uncertainty that he has in the possible result, so it generates confidence that the administration is acting correctly and not committing any illegal performance. In this sense, it is important the communication that the manager may have with the persons in charge of the entity according to their procedure, deadlines, stages, etc. Binding precedents are used for similar administrative procedures.

II. conclusion

Supreme Decree No. 006-67-56 of 1967- Peru, was the first legal norm in Latin America that regulated the administrative field, which is extremely important because it sets standards in the administrative field, and that other Latin American countries do so. welcomed and incorporation into their legal systems. Currently, in our country the Law of General Administrative Procedure - Law No. 27444, regulates the Administrative Procedure and, like this rule, most Latin American countries have rules that regulate administrative matters, with the application of different principles being common. and some of them of a constitutional nature, in such a way that these norms regulate the excess, abuse, transgressions previously committed by the Public Administration due to the power it had.

Among the common principles of application in administrative matters in Latin America and also in the case of Spain, we have: Principle of legality, Principle of due procedure, Impulse of Office, Principle of reasonableness. Principle of impartiality, Principle of procedural conduct, Principle of speed, Principle of effectiveness, Principle of material truth, etc. The importance of administrative principles lies in the extreme that find a balance between the Public Administration and the administered, which previously did not exist, because the Public Administration always favored. Therefore, there is now a respect for the rights of the Administrated and this framed in the principle of legality that is the axis of the administrative procedure in a state of law.

III. Bibliography

Legislative Assembly of the Federal District, IV Legislature. Documentation Center 1st Ordenamiento Vigente Published in the Official Gazette of the Federal District on December 21, 1995 and in the Official Gazette of the Federation on December 19, 1995 - Mexico. Brewer-Carías Allan. Codification of Administrative Law and Law No. 1473 of 2011, on the new Code of Administrative Procedure and Administrative Litigation of Colombia. Brewer-Carías Allan. Constitutional Framework of Administrative Law Professor at the Central University of Venezuela. Professor, Columbia Law School (2006.) Colombian Code of 1984, Political Constitution of Peru, Political Constitution of the United Mexican States, Constitution of the Eastern Republic of Uruguay of 1967 with the amendments plebiscited on November 26, 1989,on November 26, 1994, December 8, 1996 and October 31, 2004. Constitution of Colombia Constitution of Venezuela Italian Constitution Supreme Decree No. 006-67-56 of 1967- Peru.http: //www.elpais.com/articulo / economy / efficiency /. Diário El Pais - Spain.Ermo Quisbert Huancar- "Principles of Administrative Law". Ministry of Transport of Bolivia 2007. Emilio Biasco. "The Principle of Impartiality and its Corollaries." “The excuse and challenge” Eastern Republic of Uruguay. Law of General Administrative Procedure - Law No. 27444. Peru. Law No. 27806.- Law of Transparency and Access to Public Information. Peru. Law 4/1999, of January 13, modifying Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Common Administrative Procedure. Spain. Law 6/1997, of April 14,Organization and Functioning of the General State Administration. Spain. Law 29/1998, of June 13, regulating the Contentious-Administrative Jurisdiction. Spain. Law No. 19880 that “Establishes Bases of the Administrative Procedures that govern the acts of the Bodies of the Administration of the State of Chile. Organic Law No. 20285 of August 20, 2008 of the State of Chile. General Law of Public Administration / Law 6227 of May 2, 1978 / version updated to January 3, 2011 Costa Rica Federal Law of Brazil on Administrative Procedures Brazil Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Administrative Procedure Common of the Argentine Republic. Law No. 2341 of the year 2002 of Administrative Procedure of Bolivia. Law No. 19.880 of administrative procedures of Chile. Law 1437 of 2011 containing the new Code of Administrative Procedure and Administrative Litigation of Colombia. Law No. 27806.- Law of Transparency and Access to Public Information. Peru. Law No. 38 of Panama "Approving the Organic Statute of the Attorney General's Office, Regulating the General Administrative Procedure and Issuing Special Provisions" Wednesday July 31, 2000. Meirelles, Hely Lopes. Brazilian Administrative Law. 17. Sao Paulo Ed. Malheiros 1992.p.82.Pleite Guadamillas, Francisco “Procedure and practical administrative process”, Volume 2. Spain 2006.Silva, Luiz Marcos Da. Supralegais Principles of the Administrative Process. Jus Navigandi Teresina, year 9, No. 479, October 29, 2004 Villanueva Villanueva Ernesto,the exercise of access to public information in Mexico. an empirical investigation, T. II. National Autonomous University of Mexico - Institute of Transparency and Access to Public Information of Quintana Roo Mexico 1999. First Edition August 10.Villanueva Villanueva Ernesto, "Right of Access to Information in the World". Peruvian Constitutional Court. www.tc.gob.pe.

Footnotes:

Constitution of the Eastern Republic of Uruguay of 1967 with the modifications plebiscited on November 26, 1989, November 26, 1994, December 8, 1996 and October 31, 2004. II.- Rights, Duties and Guarantees. Chapter I. The principle of legality. Article 10. ”The private actions of people who in no way attack public order or harm a third party, are exempt from the authority of the magistrates, no inhabitant of the republic will be obliged to do what the law does not mandate, nor deprived of what she does not prohibit. ”Meirelles, Hely Lopes. Brazilian Administrative Law 17. Sao Paulo Ed. Malheiros. 1992. P82. Judgment of the Constitutional Court. Proceedings. No. 8957-2006-PA / TC. In Lima, on March 22, 2007, the First Chamber of the Constitutional Court,with the assistance of the magistrates Alva Orlandini, Bardelli Lartirigoyen and Mesía Ramírez, pronounces the following sentence. Subject: Appeal of Constitutional Tort filed by Mr. Orlando Alburqueque Jiménez against the resolution of the Second Specialized Civil Chamber of the Superior Court of Justice of Piura, page 308, dated September 6, 2006. Ground No. 9. In uniform and reiterated jurisprudence, the Constitutional Court has held that the main basis for speaking of an administrative due process is supported by the fact that both the administration and the jurisdiction are indisputably linked to the Magna Carta, so that if it decides on matters of interest of the company, and it does so through internal procedures,there is no reason to ignore the categories that can be invoked before the court. (Cf. STC 4889-2004-AA) Judgment of the Constitutional Court. Proceedings. No. 1966-2005-PHC / TC. In Lima, on May 26, 2005, the Second Chamber of the Constitutional Court, made up of justices Gonzales Ojeda, García Toma and Vergara Gotelli, pronounced the following sentence. Appeal for Constitutional Tort filed by Mr. César Augusto Lozano Ormeño against the resolution of the Decentralized Mixed Chamber of Puerto Maldonado of the Superior Court of Justice of Madre de Dios, page 17, dated February 16, 2005, which declared the claim inadmissible. of habeas corpus of cars. Foundation 8. Due process, as established by the doctrine,it is “(…) a fundamental right of an instrumental nature that is made up of a set of essential rights (such as the right to defense, the right to prove, among others) that prevent freedom and individual rights from succumbing to the absence or insufficiency of a process or procedure, or are affected by any subject of law (including the State) that intends to make abusive use of these ”. (Bustamante Alarcón, Reynaldo. “The right to prove as an essential element of a fair process.” Cit. By Javier Dolorier Torres in Dialogue with the Jurisprudence. Year 9. No. 54. March 2003. Legal Gazette. Lima. Pág. 153). Ground 9. In this regard, this College, in repeated enforcement actions, has established that the right recognized in Article 139, subsection 3) of the Constitution not only has a "judicial" dimension.In this sense, due process entails compliance with all the guarantees, requirements and rules of public order that must be observed in the procedural instances of all procedures, including administrative ones, so that people are in a position to adequately defend their rights before any act of the State that may affect them. In the case of administrative processes, the procedure and formalities established by law must be complied with, respecting principles and minimum requirements that guarantee a process free from arbitrariness. The Law of General Administrative Procedure - Law No. 27444. In its Article No. 145 it states: "The competent authority, even without a request from a party, must promote any action that may be necessary for its processing,overcome any obstacle that opposes the regular processing of the procedure; determine the rule applicable to the case even when the legal quote has not been invoked or is erroneous; as well as avoiding the obstruction or delay due to unnecessary or merely formal procedures, adopting the appropriate measures to eliminate any irregularity produced. The General Administrative Procedure Law - Law No. 27444. In its Article No. 148 inc 6) states: The competent authority To promote the procedure, you can entrust an immediate subordinate to carry out specific impulse procedures, or request the collaboration of another authority to carry them out. In the collegiate bodies, such action must fall on one of its members. The Law of General Administrative Procedure - Law No. 27444.In its Article No. 196 subsection 1) it states: Article 196.- Means of forced execution. 196.1 Enforced execution by the entity will be carried out always respecting the principle of reasonableness, by the following means: a) Coercive execution. b) Subsidiary execution. c) Coercive fine. d) Compulsion on the person. Tax Code. Fourth Book. Infractions, Sanctions and Crimes. Title Infractions and Administrative Sanctions. Article 166 °.- sanctioning power the tax administration has the discretionary power to determine and administratively sanction tax offenses by virtue of the aforementioned discretionary power, the tax administration can also gradually apply the sanctions, in the form and conditions that it establishes, through resolution of superintendency or norm of similar rank.For the purpose of adjusting the sanctions, the tax administration is empowered to set, by means of a resolution of the superintendency or a regulation of similar rank, the corresponding objective parameters or criteria, as well as to determine sections smaller than the amount of the sanction established in the respective regulations.. (Article 166 replaced by Article 80 of Legislative Decree No. 953, published on February 5, 2004 and effective as of February 6, 2004). Resolution of the Superintendency N ° 141-2004 / SUNAT, published on 06.12.2004 and effective as of 06.06.2004). Similarly, for the application of infringement and sanctions in the tax field to the Public Administration, Superintendency Resolution No. 063-2007 / SUNAT applies,that approves the Regulation of the Gradual Regime Applicable to Infringements of the Tax Code, published on 03.31.2007 and in force since 1.4.2007 Massimo Severo Giannini - Administrative Law Ministry for Public Administrations. First Edition in Spanish - December 1991.Pg 114.Sentencia Nº: 05-004598-0007-CO. BEEF. Nº 2005-06141 Constitutional Chamber of the Supreme Court of Justice of Costa Rica. San José, at eighteen hours twenty-one minutes on May 24, two thousand and five. Appeal of Amparo filed by Juan Francisco González Díaz, older, bearer of identity card number 1-389-833, against the direction of records and controls of the Ministry of Health. Ground 6 vi.- Informalism in favor of the company and validity of the request made before any administrative instance of the same public entity or body. The principle of informalism in favor of the administered in administrative procedures has a deep constitutional roots, since it finds support in the indubio pro actione and in the right to access the self-control mechanisms of the public administrations themselves, such as the constitutive administrative procedure (of the manifestation of final will) or of challenge (resources), established in view of the prerogatives of declarative and executive self-tutelage that the public powers enjoy against individuals. On the other hand, legal security and inter-administrative coordination impose,Faced with the ignorance of the administrator of the complex and complex structure of the administrative organization, that any request or petition made before an instance of the same public entity or body be immediately transferred by the latter to the competent body to know and resolve it, to thus attend, adequately, the constitutional principles of effectiveness, efficiency, simplicity and speed in the fulfillment of administrative functions. in such cases there is a simple relative incompetence (by the territory with respect to the same entity or public body), which should not be charged or supported by the manager who is unaware of the internal distribution of powers between the various offices that make up an entity or organ and does not have the duty to be imposed of such detail. different it turns out when,the motion or request is made before a body of a public entity other than the one to be resolved, since, in such circumstance, there is an incompetence due to the matter of an absolute nature. On this matter, the general law of the public administration contains norms that oblige the relatively incompetent body or office to send the request or motion to the appropriate body. Thus, Article 68 of that normative body establishes that “when incompetence is declared in relation to a petition or instance subject to termination, it shall be deemed to have been submitted in time if the competent body belongs to the same ministry, in the case of the state, or to the same entity, in the case of decentralized entities ”. for its part, ordinal 69 of this legal text imposes, even,the duty to the body that declines the competence to adopt emergency measures to avoid serious and irreparable damage to individuals or the administration, communicating to the competent body what it has resolved to avoid endangering the default (periculum in mora). finally, numeral 292, paragraph 1, of the general law of the public administration stipulates that "any petition or claim that is wrongly filed may be processed ex officio by the corresponding authority." Supreme Decree No. 070.89.Prediction of the Council of Ministers. Regulation of the Law of Administrative Simplification. Article Nº 5.- “For the purposes of subsequent control, it is understood that the veracity of the declarations referred to in the previous article corresponds to the situation known to the declarant at the time of issuance.When it is essential to know with certainty the health status of the user, the entity of the Public Administration that requires it must ensure that the service is provided free of charge directly or through third parties. ”Legislative Decree No. 1029. Published in the Official Gazette "El Peruano" on June 24, 2008. "The Congress of the Republic by Law No. 2957 and in accordance with Article No. 104 of the 1993 Political Constitution of Peru, has delegated to the executive power the power to legislate on matters specific in order to facilitate the implementation of the Social Promotion agreement - Peru - United States of North America and its amendment protocol, and support for economic competitiveness. For its use, one of the subjects being the improvement of the regulatory framework,institutional strengthening and administrative simplification; and, modernization of the State. This in order to speed up the administrative procedure in this case. See: http://www.elperuano.pe/Edicion/ /gr.Article 6.- The manifestation of ideas will not be the object of any judicial or administrative inquisition, but in the event that it attacks morality, the rights of third, causes a crime, or disturbs public order; the right of reply will be exercised in the terms provided by law. the right to information will be guaranteed by the state. (Amended by decree published in the official gazette of the federation on November 13, 2007.) for the exercise of the right of access to information, the federation, the states and the federal district, within the scope of their respective powers,They will be governed by the following principles and bases: (added by decree published in the official gazette of the federation on July 20, 2007.) i. All information in the possession of any federal, state and municipal authority, entity, body and agency is public and may only be temporarily reserved for reasons of public interest in the terms established by law. In the interpretation of this right, the principle of maximum publicity must prevail.It is public and may only be reserved temporarily for reasons of public interest in the terms established by law. In the interpretation of this right, the principle of maximum publicity must prevail.It is public and may only be reserved temporarily for reasons of public interest in the terms established by law. In the interpretation of this right, the principle of maximum publicity must prevail.

(Added by decree published in the official gazette of the federation on July 20, 2007.) ii. Information that refers to private life and personal data will be protected under the terms and with the exceptions established by law.

(Added by decree published in the official gazette of the federation on July 20, 2007.) iii. Any person, without having to prove any interest or justify its use, will have free access to public information, their personal data or their rectification. (Added by decree published in the official gazette of the federation on July 20, 2007.) iv. mechanisms for access to information and expedited review procedures will be established. These procedures will be conducted before specialized and impartial bodies or agencies, and with operational, management and decision-making autonomy.

(Added by decree published in the official gazette of the federation on July 20, 2007.) v. Obliged subjects must preserve their documents in updated administrative files and publish, through available electronic means, complete and updated information on their management indicators and the exercise of public resources.

(Added by decree published in the official gazette of the federation on July 20, 2007.) vi. The laws will determine the manner in which the obligated subjects must make public the information regarding the public resources that they deliver to individuals or companies.

(Added by decree published in the official gazette of the federation on July 20, 2007.) vii. Failure to comply with the provisions on access to public information will be sanctioned under the terms provided by law.

(Added by decree published in the official gazette of the federation on July 20, 2007.)