“Determinación y aplicación de la potestad sancionadora administrativa de responsabilidad administrativa funcional: Contraloría General de la República”

Abstract The subject of the administrative sanctioning power, which has the entities that make up the public administration, in its territorial and institutional aspect, in Peru, has undergone a set of dogmatic and normative innovations, in its substantive and adjective scope, fundamentally oriented to promote a public administration, efficient, quality and responsible, through the protection and transparent use of public resources and ethical values, which should prevail in the exercise of public function and the dogmatic - normative application, in this case the sanctioning authority of Functional Administrative Responsibility, exercised by the Comptroller General of the Republic. And within this dogmatic - normative restructuring, we can appreciate that using the scientific, historical, inductive - deductive and hermeneutic - juridical method, we are oriented to clarify, that despite the unconstitutionality judgment, relapsed in File No. 00020-2015- PI / TC, issued by the Constitutional Court, has not been eliminated from Administrative Sanctioning Law, the Sanctioning Power of Functional Administrative Responsibility. In this sense, the declaration of unconstitutionality is aimed at correcting, that the sanctions of this sanctioning power should not be generic and imprecise, because it contravenes the sub principle of typicity.