Resumen

GOMEZ GONZALEZ, ROSA FERNANDA. CRITICAL ASPECTS OF THE PENALTY REGIME IN THE FIELD OF PUBLIC PROCUREMENT. Rev. derecho (Concepc.) [online]. 2021, vol.89, n.249, pp.47-85. ISSN 0303-9986.  http://dx.doi.org/10.29393/rd249-2acrg10002.

The present work aims to analyze, in general terms, the contractual sanctioning regime in administrative contracts in Chile, giving an account of the most relevant critical aspects. The study maintains that both the regulation of sanctions in the administrative bases and contracts, as well as their application, given its character as an unfavorable administrative act, must observe a legal regime of public law, so that a series of principles, rights and guarantees of that order, such as contradictoriness, proportionality and impugnability.

Palabras clave : Contractual sanctions; fine; ius puniendi; legal regime; public law; non-compliance; exorbitant powers; discretion.

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