Tensions of judicial agents in corruption control

Abstract

This article analyses the level of preparation of the judicial institution to prosecute and judge corruption and improbity acts according to legal and constitutional principles and norms. The first aspect of the analysis points at the scarcity of organizational, material and financial resources, showing that the State, the entities bound thereto, and the concessionaries, or others allowed to operate public services, are the most recurrent defendants in terms of volume of demands in court; consequently, there is little interest on the part of the executive branch to provide the judiciary branch with the resources necessary for administrative modernization. The second aspect of the analysis makes considerations about the preparation of the human resources in the judiciary branch, showing that the lower the emotional and ethical preparation of the judge, the higher the probability he becomes confused between the instrumentality of his powers and omnipotence, hence becoming vulnerable to the corrupting harassment.