Electronic notification in Public Administration: constitutional guarantees and protection of the right to due process

Abstract

The present article has as objective to analyze electronic notification in Public Administration from the perspective of constitutional guarantees, in order to assess its compatibility with the protection of the fundamental right to due process within the framework of the constitutional State governed by the rule of law. The research adopts a legal-normative and dogmatic method, based on the examination of the Political Constitution of Peru, the American Convention on Human Rights, the General Administrative Procedure Law, and Law No. 31736, as well as on the critical analysis of the regulatory provisions issued by various entities of Public Administration. The results reveal a structural tension between the pursuit of administrative efficiency and speed through the use of electronic means and the requirements of constitutional guarantees. Regulations and administrative practices are identified that disregard principles such as the express consent of the administered party, technological accessibility, and the effective confirmation of receipt of the notification, which generates legal uncertainty and weakens the effective protection of the right to due process. It is concluded that the implementation of electronic notification in Public Administration, in certain cases, is incompatible with constitutional guarantees and the effective protection of due process.