Institute

Such anchors are not taken as an accessory element to the studs. It is true that in the previous stage as article 234 abovementioned not required for greater deepening in the consistency of the imputation, which the vices that we come by formally listing would not exist in this run-up to the concretion of the sanction. However, the big problem is that at the time that local governments impose the sanction, they reproduce exactly the same format used in the notification on prevention, which at this stage if the vices that we have listed are manifested. The foregoing, to the extent that article 235 of the Act No. 27444 required for the validity of the resolution as follows: (I) determination motivated acts of infringement, (II) rule or rules which provides for the imposition of sanction (III) the determination of the sanction. Thus, issued the punishment than in the case particular concretizes itself in a fine, it can be challenged through appeal for reconsideration, which on the basis of a test instrumental new seeks to distort the allocation of the administration. Then, if the reconsideration is dismissed, it is still possible to appeal impugnativo appeal against the resolution that dismissed the first appeal. With the resolution which resolves the appeal must be exhausted administrative channels.

On the assumption that exhausting administrative will continue with the illegal collection of the penalty imposed under the listed defects, then the use in Court of the following means of defence is possible: (I) review of legality, which is in charge of questioning the start of contentious procedure of coercive collection, and (II) action administrative, which questioned the resolution which exhausted the administrative channels. Alternatively, in these cases it could be additionally subsidiary as the interposition of a constitutional process of amparo in shelter the right to due process. It is also possible to Institute for defense of competition and intellectual property (INDECOPI) for a declaration of illegality and/or irrazonabilidad of the measures imposed. Finally, the questioning of the TUPAS by means of an action of unconstitutionality is possible.