CHAPTER XI
BEHAVIOR OF THE PUBLIC SERVERS OF CHOICE FOR SUFFRAGE.
It has been proven that the institutions and procedures in charge of applying the control means system, which was created to contain the irregular behavior of public servants, have not been effective or efficient; the instances, the laws, the political judgment, the one of responsibilities, the one of impeachment, the one of protection, the administrative, civil or criminal judgment; they politicians, are associated (partners of interest) in such a way that, the means of legal control are in command of the same membership, (brotherhood) of other associates and thus all conspirators, have guaranteed the dispensation (impunity) of their infractions .
To control the magnitude of the irregular behavior of public servants, presumably those responsible for these instances, knowing that it is a fellow bureaucrat tend to seek to favor it by procuring in their favor the forms that allow the imbalance to these procedures to be well freed, that is, the presumption of probable collective criminal association is configured. Corruption and impunity coming from the State’s servants committed by actions or omissions is due to the inexplicable oversight derived from the gradual relaxation of the hierarchical superiors in charge of supervising the compliance of the subordinates’ faculties and their complicity in omitting their obligation (duty) to denounce and punish severely and in an exemplary manner such undue behaviors, which supposes the organized crime hypothesis. Having failed to promote the principles of honesty, loyalty, efficiency in the service as guiding principles of the public function, has fostered an environment of corruption, authoritarianism, deviation of power, outrages to institutions and forms of government, which necessarily carries serious responsibilities.
The duty to perform in a public office, is a desire of the community and must be seen as a good for the satisfaction of all. In view of such a position, the law has the obligation to issue a protective norm for said property, in this way the public interest takes relevance of legal superiority.
Rafael I. MartÃnez in his work “Legal Dictionary” says: “Because of the importance of what is mentioned, the public interest is a limitation of individual freedom, so as not to cause harm to the community, hence , it is necessary the mandatory nature of the public function for the realization of a common purpose. The will of the representative of choice is subject to the fulfillment of the general interest, and the particular interest of the public servant, with that of the community, can not be in conflict. The deviation or excess of the power of the authority, can not invoke reasons of public interest; therefore, if these requirements are not met there will be the possibility of obtaining inefficiency “.
The social desire consists of the achievement of certain common benefits or the performance of certain actions tending to the achievement of a good for humanity, on the other hand, the breach of faculties of public servants leads to perjury (perfidy, betrayal, lies, falsehood) to the oath required in the Federal Constitution. Said oath has an essential value, since according to the dictionary the one who renders the protest, is witnessing to God and to those present that his honor and his word are the pledge he gives that he will fulfill his task.
Johnson Spencer in his work “Who took my cheese” says: “It is safer to keep looking in the labyrinth the exit than to remain motionless, clinging to the same ideas, beliefs or customs, if these no longer lead us to anything good , and the instinct gives us the signal that something stinks because it is old or does not work, it must be discarded “.
Thanks to conflicts, the human being invents, evolves, transforms and does not stagnate, his instincts lead him to find out the truth of his problems and find the necessary changes for his well-being. It is true that man can adapt to a world in constant change. Each region of the country goes through its own very different social and cultural political times, and its inhabitants are empowered to decide when, how and in what direction to promote any transformation. We are at the time when it is very easy to notice the need to give health to the exercise of power, in order to reorient it towards postulates that meet the true objectives of the State, emancipating it from everything that comes from the factors of power or Factual powers and their negative forces.