THE EXPIRATION CONTEMPLATED IN ARTICLE 60 OF THE FEDERAL LAW OF ADMINISTRATIVE PROCEDURE WORKS IN AN INDEPENDENT MANNER BOTH IN THE INSPECTION PROCEDURE AND IN THE ADMINISTRATIVE PROCEDURE FOR THE ENFORCEMENT OF SANCTIONS, REGULATED IN THE GENERAL RULES OF INSPECTION OF LABOR AND ENFORCEMENT OF SANCTIONS. – Both the inspection procedure — or “inspective” — as in the separate administrative procedure for the enforcement of sanctions — or “sanctioning” — regulated in the General Rules for the Inspection of Labor and Enforcement of Sanctions are susceptible to expire in an independent manner, because even when the inspection procedure does not end with a resolution that deprives the private party of some right, it does define the party’s legal status with respect to such procedure, and that definition will impact the determination of the start of the separate sanctioning procedure. Additionally, it must affect a resolution or determination of the inspection procedure , because in this, the private party was in a position to argue and provide evidence to contradict the irregularities, therefore a determination has to be issued in which those elements are analyzed and the private party’s situation is defined with respect to the subjection or not to the separate sanctioning procedure. Even more, articles 36, last paragraph, and 38 of the aforementioned General Rules for the Inspection of Labor and Enforcement of Sanctions, contemplate that, if in the inspection procedure the fulfillment of the mandated measures or of the labor legislation cannot be proven, the start of the sanctioning administrative procedure should be requested, and they also provide that in the aforementioned inspection procedure, the labor authority may resolve to archive the inspection minutes in other cases, when the evidence presented by the employer or his representatives within the established time period proves compliance with labor laws, hence it is here confirmed that the inspection procedure has to conclude whether with the request to of the opening of the administrative procedure for the enforcement of sanctions or with archiving the inspection minutes, because there are precepts in the Rules which regulate it that way. Given this situation, such inspection procedure for the enforcement of sanctions is subject to expiration in accordance with Article 60 of the Federal Law of Administrative Procedure, which is a procedural institution that safeguards the legal security of the citizen and is applicable in a supplemental manner to the General Rules of Inspection of Labor and Enforcement of Sanctions.
Contradiction of Ruling Number 1519/16-19-01-7/YOTRAS5/3514/17-PL-06-01.- Resolved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in session of October 3, 2018, by unanimity of 11 favorable votes – Reporting Judge: Juan Manuel Jaimes Illescas. – Secretary, Lic. Aldo Blanquei Vega.
(Jurisprudence Thesis approved by Resolution G/38//2018)
Federal Court of Administrative Justice Journal (F.C.A.J.J.) Eighth Era, Year III, N° 28, November 2018, page 7