The violation of the prohibition of reformatio in peius in Peruvian administrative jurisprudence in the case of declarations of nullity: a debate between interpretative methods

Bejarano S.V.P.; Ramirez S.A.A. · Cancer Drug Resistance (2024) · DOI: 10.14409/redoeda.v11i2.13579

Resumen

This article analyzes the different existing criteria regarding the possible violation of the principle of prohibition of reform for the worse or reformatio in peius in the case of a prior declaration of nullity of a sanction, and how this issue has generated contradictory positions in jurisprudence. of Peruvian courts and administrative councils. Thus, on the one hand, we have the courts and councils that advocate the full application of the principle and on the other, those that point out its inapplicability, alluding to the effects of declaring the administrative act null and void. In this context, the idea is postulated that at the heart of the debate lies the application of different interpretative methods of a principle collected as a rule, which instead of being opposed can be considered as a whole to guarantee that the content of the principle and the legal assets it protects. © (2024), (OAE Publishing Inc.). All rights reserved.

Instituciones: Universidad Científica del Sur