Evidentiary assessment versus the principle of innocence in disciplinary proceedings

Abstract

The general objective of the research was to legally analyze the evidentiary assessment of the principle of innocence in disciplinary proceedings. The authors of this work organized a research process from the quantitative paradigm with documentary-bibliographic support, where the study population was based primarily on documents such as norms, laws, theses, and refereed research, to investigate the writings in order to study them and build conclusions that favor the generation of new knowledge. The techniques of interpretation of the inquiry, the content analysis of the information collected was considered, which allowed the formulation of results. It is concluded that the lack of clear, prior and harmonized public norms that regulate the exercise of the right to appeal in administrative procedures can generate a lot of uncertainty regarding administrative violations of the right to legal certainty. Likewise, there is a normative consensus on the right to the presumption of innocence.