The violation of the Rule of Law by the Tolders of the Honduran Public Administration and its direct effect on Transparency, Corruption and Impunity

Abstract

The interest of this presentation is at first to illustrate the historical evolution and establish what is currently understood by a State of Law, which we will say that it consists basically of: The existence of the Rule of Law, The Distribution of State Power , The Legality of the Administration and The responsibility of the authorities and Respect and guarantee of Human Rights through the legal system.

Subsequently, we will focus on raising issues related to the Rule of Law in Honduras and the role that the Honduran Public Administration Holders have played around it, exposing what is established by both the Constitution of the Republic and the General Law of Public Administration, in where, according to the previous priority, on the one hand, we are told that Honduras is a State of Law and, on the other, that the Public Administration aims to strengthen that State of Law.

Following the above, we will evidence how in Honduras, through the Holders of the Public Administration, the foundations of all rule of law have been violated by means of: a) disrespect for the principle of division of powers through the concentration of power in the Executive Power and the subordination to it of the other Powers of the State through the National Security and Defense Council, b) Disrespect for the Human Right to Access to Public Information and c) Disrespect for the Rule of Law due to direct violation to the Constitution of the Republic.

Reaching the conclusion that the actions of the Public Administration Holders have caused the violation of the Rule of Law in the national territory, directly affecting the transparency of administrative actions, promoting the violation of Human Rights, Corruption and Impunity, placing us in fourth place in relation to the most corrupt countries in Latin America and number one in terms of impunity rates in that region.

And finally, we will establish the wrong action on the part of the Public Administration Holders in the absence of the Rule of Law in the management of the National Emergency generated by Covid-19, where corruption has prevailed, ending hondurans lifes and exacerbating the poverty in the country.