Subjetividad y proporcionalidad de los Procesos Administrativos Sancionatorios de la Superintendencia de Industria y Comercio (SIC)

Abstract

n Colombia since 1991, the figure of the Social State of Law was created, where prints a considerable burden of rights and duties for fellow citizens, where we are legitimately protected and obliged to comply with the legal system, that is why the State to exercise its sanctioning power, it took on the task of creating the institutions for said purposes, which are regulated within the legal system, where it corresponds to the official resolve conflicts and impose administrative sanctions in use of its jurisdictional power in against actors who somehow break the law. However, the regulations have fell short in terms of the provisions that govern the discretion of the judge, creating thus a dangerous abyss at the time of executing the sanctioning statements. it is then when the imbalances between the factual and the sanctioned are born into legal life administratively, since it has been shown throughout the investigation that in different scenarios weighting judgments are conspicuous by their absence in character flaws punitive, thus disfiguring the teleological purpose of the norm and giving rise to the subjectivity that the judge protected by his discretion impresses his jurisdictional action. Finally we will see how the State in use of its legitimate power has threatened the different subjects procedures to integration within the sanctioning scenarios, in order to generate harmony at the time of ruling, for which it has used all the mechanisms of participation and defense foreseen whose ultimate goal is only the harmonization of the norm with the rights constitutionally protected.