Sistema nacional anticorrupcion-Provincial y Municipal-Propuestas y análisis

Abstract

According to the Hammurabi Code, from 1760 BC, created and carved in a block of basalt, by order of the king of Babylon, it is one of the oldest laws in the world, it established penalties for some behaviors today called corrupt: “If a judge has judged a case, pronounced a sentence and presented the sealed document; If he then changes his decision, and it is proven that he changed the sentence that he had issued, the judge will pay up to twelve times the amount of what motivated the cause. Furthermore, he will be made to rise from his seat of justice and will not return again. He will never be able to sit with the judges in a trial ” The comments on this paragraph written 3760 years ago, as we see, corruption at the judicial level was already looming. Therefore, the art of corruption is a disease for any society, in ours the historical background that comes from our Viceroyalty of Rio de la Plata in 1776, tells us many stories of all kinds about corruption since that time. . In recent years and from various governments, our country has suffered from systemic corruption, one of the worst, some called it kleptocracy, with collection mechanisms with respect to state, national, provincial and municipal operations. The government that took office since 2015, made some reforms (Criminal Responsibility of Legal Entities Law 27,401), reforms of structural laws (Repentant Law 27304, Decree 62/2019 of extinction of domain, law of the financing of politics), but I firmly believe that in addition to the requirements to be met for Argentina to enter the OECD, as a full member, our country should apply transparency and anti-corruption tools, available right now. We know that the political system does not want anti-corruption laws, at the three levels of government, national, provincial and municipal. For various personal reasons, I have been studying the phenomenon of corruption for ten years, from an economic point of view, I have published three books, two in Argentina, one in Spain, and seeing our country sunk in its doubts, hesitations and delays in applying anti-corruption and political tools, public and private, for this reason I dare to build a map of a national anti-corruption system, with specific tools for each area. One of the causes of corruption is cultural, it is not the main one, my intention is not to argue with the origin of corruption, if it is a development problem, or if it is an incentive when the economy is over-regulated, it is corruption and that is enough, We must take into account this cultural element in the application of instruments, since leaving control of operations and budget execution to the good will of our compatriots is not enough. For the evaluation of corruption in Argentina, I base the study on the three activities of the best anti-corruption agency in the world, the Independent Commission against Corruption of Hong Kong. In the message from their Commissioner in charge, we see that they think: “We have achieved this through a three-pronged approach, combining law enforcement, corruption prevention and community education with a highly professional and dedicated team of staff. Ultimate success against corruption, however, depends on the public maintaining high ethical standards in all dealings, showing zero tolerance for corruption, and reporting whenever corrupt events occur." In other words, the three bases of the organism's activity are: • Punishment. • Prevention. • Education. For these three aspects, I develop three specific chapters, one on the evaluation of punishment, the second on the evaluation of prevention and the third on the evaluation of anti-corruption education in Argentina, on its conclusions the instruments proposed in subsequent chapters are based.