The improper application of precautionary measures within the framework of the General Administrative Procedure Law in district ordinances of Metropolitan Lima, and its impact on due process in administrative sanctioning proceedings

Acevedo Kenchau Rosario Lissette

DOI: https://doi.org.10.59427/rcli/2026/v26cs.163-177

The research aimed to determine how the incorrect application of precautionary measures, within the framework of the General Administrative Procedure Law and the district ordinances of Metropolitan Lima, affects due process in administrative sanctioning proceedings. It was developed under the positivist paradigm, with a quantitative approach, applied type, explanatory level, non-experimental design, and cross-sectional approach. The population and sample consisted of 52 specialists in Administrative Law, selected using a census criterion. A survey was used as the data collection technique, employing two questionnaires of 12 items each, whose Cronbach’s alpha coefficients were 0.809 and 0.826. Ordinal logistic regression was applied to test the hypotheses, and the explanatory power of the model was evaluated using Nagelkerke’s coefficient. The results showed statistical significance (p $<$ 0.001) and a Nagelkerke coefficient of 0.829, indicating a high explanatory power of the model. Furthermore, values of 0.803 were obtained for the principle of legality, 0.752 for the right to a defense, and 0.826 for the principle of double jeopardy. It was concluded that the incorrect application of precautionary measures has a statistically significant effect on due process in administrative sanctioning proceedings. Finally, it was recommended that current regulations be strengthened and municipal ordinances be harmonized to guarantee the preventive, provisional, and proportionate nature of these measures, preventing their use as preemptive sanctions and protecting the rights of those subject to administrative action.

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