Perspectiva actual de la Potestad Administrativa de Inspección en Venezuela.
The purpose of this study is to provide a current perspective on the power of inspection in Venezuela by confronting its legal enshrining and jurisprudential interpretation with its practical application and characteristic doctrinal and constitutional principles. In recent years, there has been a se...
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2015
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| Online Access: | http://hdl.handle.net/10872/11094 |
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| Summary: | The purpose of this study is to provide a current perspective on the power of inspection in Venezuela by confronting its legal enshrining and jurisprudential interpretation with its practical application and characteristic doctrinal and constitutional principles. In recent years, there has been a series of provisions of legal and regulatory standing in the Venezuelan legal system, among which the power of inspection of Public Administration bodies particularly stands out. Furthermore, as we may see, there are instances that even though they are not part of the Public Administration, they are granted the same powers. In the exercise thereof, this regulation has been, on the one hand, developing the implementation of the power of inspection to exercise the power to impose penalties and, thus, what in our opinion might be described as a distortion of its purpose of collecting information to verify the discharge of duties by individuals as regards to the administrative legal system. On the other hand, the empowerment of such instances outside the administrative organization upon exercising powers that are specific to public administration bodies is evident. Based on the issue at hand, the following questions arise: What is the content of the power of inspection? What are the limitations on the exercise thereof? Who holds or may hold the power of inspection? The main objective was to analyze the content and scope of the Public Administration’s power of inspection against the existing regulation, jurisprudential interpretation and exercise thereof, and it was concluded that there is evidence of the use of the power of inspection as a channel for imposing divestment measures and penalties, while the administrative action under statutory provisions results in the imposition of irreversible and indefinite measures under the name of precautionary measures and in violation of the constitutional rights of those concerned. Hence, the necessary reconfiguration of the power of inspection in Venezuela is recommended (i) by defining the legal provision thereof based on its duties to collect information and preserve the general interests, rather than impose penalties to those subject to inspection; (ii) bearing in mind the assurance of the guiding principles and the rights protecting those subject to inspection; (iii) clearly defining its scope in cases where the power is exercised by sui generis bodies, for example, community councils or agencies of the People's Power. |
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