The principle of confidence and its application in the field of administrative sanctioning law: Foundations and criteria for its application in the Peruvian case

This paper develops the nature, evolution and foundations of the principle of confidence, in order to strengthen its application in the field of Administrative Sanctioning Law, specifically in Disciplinary Law. This principle was born as a guideline to delimit the care role that must be exercised by certain subjects who exercise a guardianship role in the context of a social, economic or professional organization, whose main characteristic must be the distribution of roles. The analysis of the principle involved the development of the presuppositions and requirements for its application, as well as its compatibility with the functioning of the Public Administration, which is feasible, proof of which is that the institution has been used in criminal jurisprudence linked to crimes against the Public Administration, and in the field of Disciplinary Law in Peru. Based on the conceptual development, arguments are raised to provide greater solidity to claim the principle, such as recognizing the principles of an administrative nature that would justify its application, as well as developing criteria to delimit the duty of care of each public official, among others.