El Debido Proceso en el Trámite Administrativo Sobre Energía Retroactiva o no Facturada en Villavicencio a Partir de 2015

Abstract

This research, with an exploratory, descriptive scope, was developed from situations that constitute a problem when there is no compliance with the constitutional rights and procedural guarantees that are part of the Due Process, determined by the Law, as a procedural guarantee in the field. of the rights of the individual, and in general as a principle of the of any society, which must be applied in all legal relations. The main objective will be determined: Identify, if the administrative procedure for the collection of retroactive energy or not invoiced to the users of the capital of Meta, from the year 2015, guarantees the Due Process or if there are factors of violation of the right that they have users to defense and contradiction and/or detect, possible elements that influence. The research is of a qualitative approach, of an applied socio-legal type, and interpretive, with a documentary part that frames the theories, the constitution and the law, and an empirical part, on the real situation of the context. The population, is the users framed in retroactive or unbilled energy charges of the capital of Department Meta, their selection based management reports of the personería, regarding the problem, the sample of 40 subscribers to whom they opened process , collection or change of equipment, for retroactive or unbilled energy and 5 members of the company; the data collection techniques were: informal chat and interview with questionnaire instrument. A result, it is established that there are situations in which the due process is violated in the administrative procedures for the collection of retroactive and/or unbilled energy, which spoils the economy and the good concept in the users and prevents the company from , to be able to collect a true fraud without affecting your economy, which can be avoided by executing an adequate procedure.