The following article is aimed to expose how the discretionary manner in which the right to a hearing is regulated in the Peruvian national legislation regarding administrative penalty procedures does not reflect the requirements derived from its establishment in the Constitution and in several international treaties, and how, on the other hand, it generates a renounce to the efficiency brought by its exercise as a right, from the perspective of the economic analysis of law.

This paper proposes the incorporation of the legal concept of the hidden administrative infraction into administrative law, based on an analysis of the deliberate conduct of the alleged offender aimed at concealing or disguising an administrative infraction through one or more unlawful acts or omissions. From this perspective, a new conceptualization of administrative infractions is proposed, one that considers not only the infringing conduct but also the actions intended to hide it. This approach addresses the issue of the statute of limitations for administrative infractions, preventing offenders from evading or hindering the exercise of sanctioning authority, and thus escaping punishment, through illicit maneuvers.

This paper proposes the incorporation of the legal concept of the hidden administrative infraction into administrative law, based on an analysis of the deliberate conduct of the alleged offender aimed at concealing or disguising an administrative infraction through one or more unlawful acts or omissions. From this perspective, a new conceptualization of administrative infractions is proposed, one that considers not only the infringing conduct but also the actions intended to hide it. This approach addresses the issue of the statute of limitations for administrative infractions, preventing offenders from evading or hindering the exercise of sanctioning authority, and thus escaping punishment, through illicit maneuvers.

The following article is aimed to expose how the discretionary manner in which the right to a hearing is regulated in the Peruvian national legislation regarding administrative penalty procedures does not reflect the requirements derived from its establishment in the Constitution and in several international treaties, and how, on the other hand, it generates a renounce to the efficiency brought by its exercise as a right, from the perspective of the economic analysis of law.