Week 5

PROBITY AND TRANSPARENCY

WORKSHOP: EVALUATION 2

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GENERAL INSTRUCTIONS
Once the comprehensive reading of Units I and II of the study material has
been completed, it is essential to carry out this workshop, the objective of which is
to measure the correct internalization and application of the concepts addressed in
the aforementioned units.

Dear student, the contents present in the course program, and which are
associated with the development of this workshop, are:

Associated Contents:

 Principle of Probity and Transparency in International Instruments.

 Principle of Probity and Transparency in National Legislation
 Fundamental Legal Aspects of Lobbying and Corruption

The development of this work is individual, it will not be allowed to

deliver workshops in pairs or groups.

Specific instructions

Develop each of the proposed activities, directly associated with the contents of the
subject.

Context:

The problem of corruption in the public sector is a matter of international and

national concern. Important legal institutions, such as the OAS, UN and OECD,
have expressed their opinion on the growing number of cases in various countries,
focusing their analysis on the consequences for the population.

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For this reason, it is absolutely necessary to establish a solid structure in the legal
framework, capable of suggesting, supervising and duly sanctioning acts
constituting behavior that is far from probity and transparency of public officials.

ACTIVITY 1:
ASSOCIATED KNOWLEDGE:"PRINCIPLE OF PROBITY AND TRANSPARENCY IN
INTERNATIONAL INSTRUMENTS".

Analyze the following excerpt:

The member states of the Organization of American States, convinced that corruption
undermines the legitimacy of public institutions, threatens society, moral order and justice,
as well as the integral development of peoples, have considered that representative
democracy is an indispensable condition for stability, peace and development in the
region, and therefore, by its nature, requires combating all forms of corruption in the
exercise of public functions, as well as acts of corruption specifically linked to such
exercise.They have considered that representative democracy is an indispensable
condition for the stability, peace and development of the region, and therefore, by its
nature, requires combating all forms of corruption in the exercise of public functions, as
well as acts of corruption specifically linked to such exercise.

Thus, the fight against corruption strengthens democratic institutions, avoids distortions in
the economy, vices in public management and the deterioration of social morale, since
corruption is often one of the instruments used by organized crime in order to achieve its
purposes.

Consequently, it is important to raise awareness among the population of the countries of

the region about the existence and seriousness of this problem, as well as the need to
strengthen the participation of civil society in the prevention and fight against corruption,
especially when corruption has, in some cases, international significance, which requires
coordinated action by the States to combat it effectively.It is even more important when
corruption is, in some cases, of international importance, which requires coordinated
action by the States to combat it effectively;

In accordance with the foregoing, it is essential and timely to adopt international

instruments that promote and facilitate international cooperation to combat corruption,
especially to take appropriate measures against persons who commit acts of corruption in
the exercise of public functions or specifically linked to such exercise; as well as with
respect to the assets resulting from such acts;

In conclusion, the fight against corruption and the eradication of impunity of the actors is
the responsibility of the States, as well as the execution of the necessary actions in this
field in order to achieve efficiency.

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Requested:

Based on this situation, please answer:

1.- Identify the legal instrument referred to in the extract and establish a differentiating
parallel with the other (instruments) existing at the international level.

Develop and justify in minimum 50 and maximum 150 words

2.- Investigate a case of corruption occurred in some State, analyze it on the bases given
in the extract and establish the appropriate conclusions. (quote url)

Develop and justify in minimum 50 and maximum 150 words

ACTIVITY 2:
ASSOCIATED CONTENT: "PRINCIPLE OF PROBITY AND TRANSPARENCY IN NATIONAL
LEGISLATION".

STAGE 1:

Elaborate a Conceptual Map of the main historical events in the process of development
of the Principle of Probity and Transparency in the National Legislation starting from the
return to democracy in 1990.

STAGE 2:

Prepare a comparative table with respect to the most important characteristics and scope
in terms of probity and transparency:
 Constitutional Organic Law of Bases of State Administration;
 Doctrine of the Office of the Comptroller General of the Republic
 Political Constitution of the Republic

GENERAL CONSIDERATIONS STAGE 1 - STAGE 2:

1.- Review the contents of the week.

2.- Individual work modality
3.- Document format: The work must be submitted in pdf format.
4.- Remember that the more complete the report is, the better your path will be.
to legal knowledge.
5.- The activity is individual.
Once the analysis has been completed, it must be uploaded to the platform.

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ACTIVITY 3:
ASSOCIATED CONTENT: "FUNDAMENTAL LEGAL ASPECTS OF LOBBYING AND CORRUPTION".

Context: On March 8, 2014, Law No. 20,730 was published in the Official Gazette, which
regulates lobbying and efforts that represent private interests before authorities and
officials, constituting a major advance in terms of providing public activity with tools to
make its exercise more transparent.

In addition, on November 20, 2018, Law No. 21,121 was published in the Official Gazette,
which amends the Criminal Code and other legal norms for the prevention, detection and
prosecution of corruption.Its objective is to strengthen the criminalization of certain
conducts and raise the penalties for the main official crimes: embezzlement, fraud to the
treasury, incompatible negotiation, bribery and bribery.

EXECUTION 1: ANALYSIS

This Law has been postponed during the first years of this century, in terms of
transparency and public probity, and in general terms, of what has been called the
relationship between money, politics and power. We are referring to Law No. 20,730 of
2014, which "Regulates Lobbying and the efforts that represent private interests before
authorities and officials", colloquially known as the "Lobby Law".

In general terms, its objective is to oversee the different ways in which private parties
relate to the public world, and in which private parties and interest groups represent their
interests before the authorities. For a long time, these relations were unregulated and
became a zone of indefinition, in which many times the priority was to ensure some private
interests, or interests that were not necessarily in line with the general interest, to the
detriment of probity and transparency, thus also dirtying the functions of those authorities
who had to make relevant decisions. The lobbying industry was thus confused with other
activities related to corporate communications, corporate crisis management or image and
relationship management. Currently, the company IMAGINACCION enjoys a certain
degree of positioning in this field.

The following is requested

Based on this situation and contents delivered in Unit, answer:

Indicate the essential elements of Law No. 20.730, clearly identifying its characteristics,
scope, weaknesses and strengths.

Develop and justify in minimum 100 and maximum 150 words

2.- Research what is indicated, quoting URLs retrieved for the effects:

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 Analysis of IMAGINACCION Company and its relationship with Law No. 20,730
 Conclusions from various points of view

Develop and justify in a minimum of 150 and maximum 300 words.

EXECUTION 2: REPORT

Pursuant to Law No. 21,121

1.- Investigate a fact constituting the crime of "bribery or bribery" occurred in our country in
the last five years.
To investigate a fact constituting the crime of "incompatible negotiation" that has occurred
in our country in the last five years.

On request:

1. Introduction
2. Development
3. Conclusion
4. Linkingraphy
5. Maximum of 2 sheets

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EVALUATION CRITERIA SCORE

Clearly identifies the relevant legal instrument, establishing specific 10
differentiating elements with respect to those existing at the international level.
Duly identifies cases of corruption, providing critical analysis and conclusions 12
from various points of view.
Elaborate a conceptual map correctly, clearly identifying main historical events. 12
Prepares a comparative table correctly, clearly identifying the characteristics and 12
scope of LOC, comptroller doctrine and constitutional aspects.
Indicates essential elements of Law No. 20,730 6
clearly identifies the characteristics, scope, weaknesses and strengths of Law No. 12
20,730.
Analyzes IMAGINACCIÓN Company, duly relating it to Law N°21,121 and 10
proposing different points of view in conclusions.
Investigates the crime of "bribery or bribery" that has occurred in our country in 10
the last five years, proposing various points of view in conclusions.
Investigates the crime of "incompatible negotiation" that has occurred in our 10
country in the last five years, proposing various points of view in conclusions.
Editorial staff 2
Spelling 2
Punctuality in the delivery of work 2
Total Score 100

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Part 2:

In relation to this issue, it can be noted that there is a great attachment from the
administrative law with the law in charge of studying the constitutional norms, since
that it is precisely the rules of this nature that, in a reality of state of
The law must ensure that the legal system is respected in each of the areas of law.
actions of the State, its agencies and the civil servants who work in them. It is
The normative part of the Political Constitution is certainly aimed at
be a guide for all state actions in order to achieve the common good of society,
to reach its maximum development, both collectively and in a more effective way.
individual by each of its individuals.
From this perspective, it is clear that the interpretative and normative study of the
principles of probity and transparency is not an issue that has only recently been discussed.
the Chilean legislation, nor in the way in which they have been introduced in the country.
forging both concepts and their study has been framed within the sciences.
applied social sciences, mainly in law.
The principles under study have generally been linked to the treatment of the
ethics that looks at public services as two tools that seek to combat social exclusion.
corruption, pretending to be orientators of people, with the clear purpose that these people

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perform their duties with loyalty and honesty.
In spite of the above, in-depth analyses of the subject are precarious.
the issue in question from a perspective that is one hundred percent law-based, despite the
The discipline is a determining factor in the organization of society and must be taken into
as a basis for the opening of other dogmas in the field of public administration, such as the
would be the power of administrative law to sanction or the liability of the parties involved.
officials that make up the State.
In accordance with the above, major misunderstandings have been generated
in terms of the modifications or faults to probity and transparency from the point of view of the
constitutional law, which is why it is necessary to provide a clarifying glimpse,
in a way that allows a formative understanding of what is intended by the application of
These principles, which transcend the State in terms of the benefits that the State must
to their nationals. With this, it is possible to determine which elements would be the ones that
administrative law, the duties that are imposed on the employees, the duties that are imposed on
the
but also the basic rights and guarantees that these public servants have, but also the basic rights
and guarantees that these public servants have.
the same subjects, as well as the citizenry vis-à-vis the state organ, which have been collected by
the Political Constitution of the Republic of Chile in the different articles that comprise it.

One of the most relevant agreements of recent times was reached in the middle of the last
decade, which led to the enactment of Law No. 20,050, which introduced important amendments
to the 1980 Political Constitution of the Republic of Chile. One of the most relevant points was the
fact that administrative probity was established as one of the fundamental pillars of Chilean
institutions. It is for this reason that probity reaches all sectors of national legislation.

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