La corrupción política en democracia y la confianza

Résumé

Analysis: This thesis focused on the study of corruption on democracy, is approached from both philosophical and legal perspectives. The facto of contextualising this analysis within the democratic system is based on the circumstance that it is possible to ay that it is the only system of government that enjoys legitimacy, since it is the only form of government, in addition to allowing the citizens participation, whose principles, on which it is based, are the closet to those principles and values that the citizenship share. This is the reason why democracy must fight against those problems that could cause its collapse. It does not mean that corruption only causes adverse effects on democratic systems. But democracy is the most vulnerable of all, since, along with the defense of the general interests, it must allow the entry of private operators in the political game, defending this way their particular interests. So, democracy appears as the form of government most vulnerable to corruption, because in spite of its other features like transparency and publicity, it is the only system that combines the public interest with the private one, so that the boundary between the two ones is further weakened. It is in this environment in which I focus this work beginning with the need to achieve a valid notion, at least from the philosophical and legal point of view, form which I intend to start. This notion gives me at the same time the basis for distinguishing what is corruption from what is not, despite it might be considered. Now, let us pass on to the study of corruption in various power spheres, since this problem does not concern just the political environment. It is an issue that might occur wherever there is an obligation and anytime there is the aim of obtaining an extrapositional benefit that otherwise would not have been possible. In that sense, this work has been chosen as the most representative analysis of the various possibilities that corruption can thrive in the economic field, within the judicial will, in public administration and finally in the political context, that in short, in the focus of this thesis. Likewise, in each section I have attempted to follow an order in which first are investigated the different possibilities that corruption may arise in each context. Then, the causes which usually can be considered for its justification, the consequences that can trigger this type of behaviour and the different controls that are established or may be established in the aim of curbing the proliferation of these behaviors in each context. That said, it should be mentioned one of the causes that is shared by all the areas in which corruption can occur and that is the loss of ethical and democratic principles. This is because in a democracy there is nothing to excuse the venal behaviour. After all, this is a behaviour that democracy characterises by its disloyalty for its immorality. This unfair conduct involves the departure from rules governing the obligation to which the person corrupted was voluntarily submitted, and immoral as it departs from the ethical principles on which democracy is based, used by other individuals who choose to behave according to the rules established and that are shared by the foundations of the system. Likewise, the common consequence is the loss of confidence in that or those persons who are aware of their behaviours, but by a cascade movement and since information we usually have about things is skewed, can be extrapolated to all people who are part of this context. Logically, this work is placed in an area in which it is thought that the corruption is not a widespread conduct. On the contrary, it would be a common behaviour that, from an internal point of view, could not have anything to offer to what the others offer. This is not an obstacle to think that it is a minor question, provided that if importance was reduced and vetoes were not trying to put to the possibility of proliferation of these conducts, ultimately it would finish for desnaturalizing the context in which it gets developed. From there, the difference and the importance that is established concerning the political corruption or more concretely to the corruption of the politicians, since being a conduct that was tending to be generalized, as last consequence, it might involve the denaturalization of the democratic system itself. Yet, when nowadays they are not the only ones on which relapses the obligation to guard over the good functioning of the democracy since the state power is divided, continue being the natural guardians of the political established order, hoping from them that of this problem originating, they adopt the necessary mechanisms tending to support the corruption inside the limits that a society can tolerate. True is that the governments, being consistent with the problem of the corruption, do not move back in their determination for looking for mechanisms whose purpose centers on reducing the possibilities that these behaviours propagate. Methods that mostly split between the control and the repression and that without reducing any merit and importance to any of them, since each one plays a different and essential role in the committement that they must accomplish, rarely descend to the root of the problem, that is to say, to the regeneration of the confidence by means of the formation and the reinforcement of the ethical and democratic habits, that is to say, in the exegesis of the question. Methodology: For the making of this study, one has come to both national and international doctrinal sources partly suggested by experts in the matter that has been analysed and with whom a narrow link has been supported along the development of the thesis itself. On the other hand, considering the complexity of the topic, there has been received support of other areas of knowledge of the Right among which there are for example the constitutional field or the administrative field. Likewise and especially as regards the examples that are offered in this study and that reinforce the argumentation supported by Spanish jurisprudence, governmental database, reports expressed so much by government organizations as not governmental ones, but of big relevancy at present, for instance Transparency International, etc. On the other hand, also it has been submitted to study a multiplicity of both national an international legal texts that have served as base sometimes to wake up criticism, and in other cases as models to be continued in to struggle against the corruption. Conclusion: To finish and after being analysed all the parameters that are postulated along the whole investigation, it follows the need to confront the problem of corruption in the political world from another perspective. Together with the habitual struggle systems against corruption, it is suggested that a good mechanism to try to relieve this question is in attacking it from its origin, that is to say, from the education of the people in these ethical and democratic habits, which in the case of the politicians splits into two stadiums. First of both, in learning of the democratic ethical principles that should be urged to the whole citizenship and secondly, by the formation in the proper democratic and ethical principle of the political profession. After all, the venal conducts have their origin in the disaffection for the democratic ethical criteria an from my perspective it is where it is still necessary to being put veto realizing that they will always exist, for many formation that is offered, people who do not feel identified with the values that our political system promotes.