Desobediencia institucionalUn debate sobre el fundamento de la intervención penal y administrativa

Résumé

The criminal policy before the disobedience of a civil servant in office uses the two legal branches of a sanctioning nature, on the one hand, the criminal law and on the other, the sanctioning administrative law. With the intention of avoiding a possible puncture gap, the legislator introduces certain common elements in both branches. These coincidences in the different infractions complicate the dogmatic interpretation of the legal operators when they must elucidate in which infraction a behavior of disobedient nature can be subsumed. The legislator's excess of zeal again repeats interpretation problems, this time in the area of public administration corruption. This punitive effort has the consequence of putting the most basic guarantee postulates at risk. Hence the need to specify what legal interest these infringements protect, without forgetting that within the scope of the disciplinary regime, the existence of a legal good operates as a guarantee and limit of the intervention