Desproporcionalidad del régimen sancionatorio de los cheques protestados por insuficiencia de fondos.

Abstract

The present thesis aims to address the disproportionality in fines imposed on users regarding the protest of multiple checks. According to current regulations, financial entities apply a penalty of ten percent of the value of each check that cannot be honored due to insufficient funds in the respective current account. Additionally, the Banking Superintendency sanctions protested checks according to their quantity, imposing disqualification for the use of current accounts and check issuance, both for individuals and legal entities and their legal representatives across all their accounts. However, the articles regulating this sanction regime clearly establish that if a user receives both economic and disqualification sanctions, the latter can only be lifted after the complete payment of the economic sanction. This means that a person who has served two years of disqualification without being able to issue checks or use all their current accounts will still be disqualified if they have not paid the economic fine. This provision effectively turns disqualifications for protested checks into a perpetual sanction, which is disproportionate. While it is fair to pay the corresponding fine, the entity responsible for collecting these amounts should use the legal resources available to them for this purpose, without resorting to coercive and disproportionate measures as described. This practice not only limits the economic development of those affected but is also unjust.