ISSN: 2173-8254

Nº 24 December 2023

CRIMINAL LAW AS COMMON LAW? IN SEARCH OF THE LEGAL NATURE OF THE CONTRACTUAL FINE, AT ADMINISTRATIVE HEADQUARTERS

Country: Chile
This work deals with the sanctioning power of the administration, in terms of distinguishing the various ways that doctrine and jurisprudence understand the matrix foundation that gives it meaning, examining the various theories supported by the Chilean Constitutional Court. Examin-ing the recent interpretation that this constitutional jurisdiction has developed in recent times, revaluing the intelligence of the sanctioning power in light of Administration Law. On the other hand, the way in which contractual sanctions have been resolved at administrative headquarters and the need for a reconfiguration of their understanding based on the satisfaction of the general interest is presented, redefining the use of administrative law tools for the redirection of Infrac-tional conduct, in the field of administrative contracting.