IMPORTANCE OF THE RIGHT TO DEFENSE IN ADMINISTRATIVE PROCEDURES IN BOLIVIA
COMPONENTS OF THE RIGHT TO DEFENSE IN ADMINISTRATIVE PROCEEDINGS
Bolivian case law has established that the right to defense includes the following core elements:
- The right to be heard before a decision is issued.
- The right to present relevant evidence to support one’s position.
- The right to receive a reasoned and substantiated decision, clearly explaining the grounds for the administrative resolution.
- The right to access appeal mechanisms, such as revocation or hierarchical appeals, in accordance with applicable regulations.
This approach was reaffirmed in Supreme Decision AS No. 161 of April 12, 2018, which incorporated legal doctrine from multiple constitutional rulings emphasizing the necessity of observing these guarantees in all administrative actions that may affect individual rights.
LEGAL EFFECTS OF VIOLATING THE RIGHT TO DEFENSE
Violating this right has serious consequences, including the annulment of the administrative procedure. Below are the main legal effects.
ANNULMENT OF THE PROCEDURE, EVEN DURING THE EXECUTION STAGE
A key element of the Bolivian legal system is that a violation of the right to defense leads to the nullity of administrative acts, regardless of the procedural stage in which the irregularity is detected. This principle was upheld in Administrative Ruling 282/2013 (Case No. 313/2012), which established that even if a resolution is already in its execution phase, if a breach of the right to defense is proven, the procedure must be reversed to correct the violation.
This precedent reinforces the notion that the protection of fundamental rights cannot be postponed or conditioned by the procedural stage of the case.
In summary, in the Plurinational State of Bolivia, the right to defense is a mandatory guarantee in every administrative proceeding. Violating this right not only undermines the legality of administrative acts but may also render them null and void. For this reason, it is crucial that authorities respect these principles and that individuals understand their rights to exercise them effectively.
If you believe your rights have been violated in an administrative proceeding or if you would like legal advice on how to effectively exercise your right to defense, we invite you to contact us for a personalized and confidential legal consultation.
Frequently Asked Questions (FAQs)
What does the right to defense include in an administrative proceeding?
It includes the right to be heard, to submit evidence, to receive a well-reasoned decision, and to appeal administrative resolutions.
Is it mandatory for an administrative resolution to be substantiated?
Yes, every resolution must be clear, legally justified, and well-founded. Otherwise, it may be subject to annulment.
Can an already executed administrative process be reversed?
Yes, if a violation of the right to defense is proven, the process must be reversed and corrected, even at the execution stage.
- Plurinational Constitutional Court. (2003). Constitutional Ruling 1534/2003-R
- Plurinational Constitutional Court. (2004). Constitutional Ruling 1670/2004-R
- Plurinational Constitutional Court. (2005). Constitutional Ruling 0024/2005
- Supervisory Authority. (2018). Supreme Decision No. 161, Sucre, April 12
- Supervisory Authority. (2013). Ruling 282/2013, Case No. 313/2012
- Plurinational State of Bolivia. (2013). Migration Law No. 370
- Plurinational State of Bolivia. (2014). Supreme Decree No. 1923 (Regulation of Law No. 370)
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
