Who is afraid of the subjective responsibility? Conduct and imputation theories for a constitutionalized sanctioning administrative law

Abstract

This article seeks to investigate whether there is plausibility of applying the theory of conduct, originally developed in the context of criminal law, to the sanctioning administrative law. Starting from the hypothetical-deductive method, notably under the premise of the ontological identity between the crime and the administrative infraction, it is concluded that the current Constitutional State of Rights, with centrality of fundamental rights in the normative order, unveils a general theory of conduct, for the public-sanctioning prosecution systems, to impose the assessment of the elements of a subjective imputation, as an assumption of the finding of illicit.