IMMEDIATION AND CONTRADICTION IN TEST PRACTICE BY VIDEOCONFERENCE. AN ANALYSIS FROM THE SANCTIONING ADMINISTRATIVE LAW

Positive law does not contemplate, among the principles of administrative sanctioning law, that of contradiction, which is inherent to the right of defense and is integrated into the foundation of the rule of law; or the immediacy, which is again crucial to ensure the faithful and exact assessment of the evidence. In this study we analyze whether the immediacy, conceived as the instructor's personal and direct contact with an accused or a witness, is fulfilled with full satisfaction when the test is carried out digitally, that is, by videoconference; or if, on the contrary, the instructor ceases to perceive gestures and features that would allow a more accurate assessment of the test.