Challenge processes in civil and administrative responsibilities of public servants

Abstract

The study provides answers to substantive questions such as adjectives on formal or procedural issues, specifically the legal limitation of the challenge to the administrative act that determines civil liability via reinstatement order. The objective is to analyze the determining procedure of civil liability focused from the perspective of the challenge phase. For this, the challenge in administrative headquarters was studied, from the identification of the possibility of appealing in an administrative act that decides on the rights of a person, which constitutes a basic guarantee of due process. The findings revealed that there is a clear legal limitation that does not allow challenging the resolution that determines civil liability via reinstatement order. However, the legal scheme must be synthesized based on two criteria: a) The fact that the law does not provide for the use of resources does not imply defenselessness of rights, this, moreover, does not imply that constitutional norms are applied in a direct; and, b) it is necessary to highlight the premise that in all administrative procedures individual rights must be guaranteed, therefore, a challenge mechanism must be contemplated. It is concluded that only the resolutions that determine civil liability via gloss are subject to challenge, while, in the determination of civil liability by reinstatement order, the law limits its challenge.