The Administrative Litigation of Sanitary Fines in Chilean Law: Is it Compatible with the Principle of Proportionality?

Abstract

In Chilean administrative law, sanitary sanctions have become the subject of a special contentious action (article 171 of the Sanitary Code), whose interpretation has been restrictive. The courts can only annul (and not modify) administrative sanctions. Given the fines, this cancellation would only apply if the imposition of the sanctions exceeds the legal maximum. As is easy to see, this replaces the principle of proportionality with the principle of legality, which is aggravated by the wide margin of appreciation in its imposition. Despite this, a rereading of the applicable regulations makes it possible to question these conclusions, in order to apply the principle of proportionality.