Debido proceso en los procedimientos generados a raíz de la fotodetección de infracciones

Abstract

The application of the due process in the matter of photo - fines, different scenarios are triggered in which the administered ones have, in the first measure, the right to know everything done by the administration, to dispute the evidence, to make use of their right of defense , challenge administrative acts and that all constitutional guarantees are respected. In this way, the right to due process is visible, from its subjective dimension, as a person-State relationship, then perceiving it from its condition of principle, since it is not subject to an assumption of fact, but that it is only reduced to a legal consequence, in this sense the State is subject to supply the different formulas that will allow to achieve the correct application of the norms in each specific matter, on the contrary, when it is not obeyed to this principle in some action, a social phenomenon is generated in which a legitimacy impairment is perceived, function Onality and security that the administration of justice should provide.