The focus of this article, is given by the procedural problems arising from the systematization of the legislation regulating the Securities Market, specifically, the treatment of the procedural standards in the matter of regulation of evidence within the sanctioning administrative regulatory and its inconsistency with the principles applicable to the State ius puniendi in criminal courts. As a basis for further study, it is intended to describe the gaps in the procedural model used in the prosecution of violations of L. 18,045 and to diagnose problems that entails under a legal discursive perspective for economic crimes in the Securities Market. Underlying this paper it is the idea that the connection between the punitive administrative decisions of the Superintendency of Securities and Insurance Criminal Judgments concerning illicit established in L. 18,045 are linked by the declaration of “unfair” of the facts stated as illegal, thus the discursive value of one and another instance is not indifferent, being the checking of these facts equally necessary regardless of the legal consequence in criminal or administrative Courts.
Keywords:
proof regulation, Securities Market, sanctioning administrative law, economic crimes, Superintendence of Securities and Insurances
Ortiz Méndez, M. (2015). Analysis of the probatory problems in the sanctioning procedures against violations against the law 18.045. Revista De Derecho Público, (82), Pág. 205–250. https://doi.org/10.5354/rdpu.v0i82.37288
