SÍNTESIS.- El procedimiento administrativo y el judicial conforman dos instancias independientes, lo que equivale a decir que lo resuelto por el Controlador no obliga al juez de la causa ni cerca su competencia; lo contrario implicaría vulnerar garantías expresamente acordadas en la Constitución Nacional, a la vez que alterar la sustancia del principio republicano de gobierno -lo que ocurriría si se vedara o limitara al Juez el ejercicio del control de legalidad de lo decidido en sede administrativa.
Este último y no otro es el objeto del pedido de “pase” a la justicia penal, contravencional y de faltas del legajo ejecutivo, y en relación a él es que se estructura el procedimiento judicial, de modo que el imputado encuentre en un proceso de conocimiento —si bien informado por las características propias de la materia, originada naturalmente en el poder regulador del estamento político— la satisfacción de garantías consagradas tanto en la constitución nacional como en la de esta ciudad, que imponen la sustanciación de un —debido— proceso en sentido estricto como condición sin la cual la concreción de la atribución punitiva del Estado sólo encontraría sustento en la autoridad de quien lo determina, práctica que resultaría también ajena al mentado republicanismo que de inicio estructura nuestra carta magna.
El diseño de judicialización de las infracciones declaradas y sancionadas por la Administración no se ha delineado al solo fin de otorgar una chance al administrado para que se mantenga o reduzca el castigo impuesto; la susceptibilidad de ocurrencia de la contingencia apuntada devendrá, del necesario análisis efectuado por el Juez en relación a lo que adopta naturaleza técnica de causa judicial, examen que sí constituye el fin último del cambio de radicación de las actuaciones -cuya voluntariedad no sólo se establece en función de la presunción de legitimidad de los actos administrativos que originan y concluyen la vía, sino, además, en el otorgamiento al peticionante de aquella seguridad de que el perfil sancionador de la autoridad será racionalmente ejercido, lo que en el caso implica activar la manda republicana de control recíproco de los actos emanados de los poderes del Estado.
En el caso, corresponde revocar la resolución de grado en cuanto tuvo por desistida el pase a la justicia y firme la resolución administrativa y ordenar la continuación del trámite de las actuaciones.
Ello así, la palabra “recurrir” contemplada en el artículo 13 de la Ley N° 5.074 no debe ser utilizada para referirse al pase a la justicia previsto en el artículo 24 de la Ley N° 1.217, sino que debe interpretarse que hace referencia al recurso de apelación previsto en el artículo 56 de esa Ley.
De este modo, se resguarda la garantía que posee el administrado para que una decisión —emanada de un órgano administrativo— que le es adversa sea revisada judicialmente.
«ARGENCOBRA S.A. s/infr. art(s). 3.1.3,Carteles o marquesinas – L 451», Cámara de Apelaciones Penal, Contravencional y de Faltas, 5/10/16
Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires
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The new Zune browser is astonishingly favourable, however not as beneficial as the iPod’s. It operates properly, still is just not as fast as Safari, and includes a clunkier interface. If on your own at times plan upon having the internet browser which is not an issue, however if you are developing in direction of browse the net alot versus your PMP then the iPod’s greater display screen and far better browser may possibly be critical.
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