The National Anti-corruption System in light of the paradigm of the Constitutional State and the Democratic Legal State

Abstract

In this article, a critical analysis about the recent constitutional and legal modifications approved in Mexico to create a National Anti-corruption System is presented. In the author’sopinion, it is a normative model with limited advancements in the effective fight against this serious social malice. The proposal is to rebuild it structurally departing from the Constitution itself, in a institutional-normative redesign which focuses on its preventive aspect rather than its punitive one. Besides, it should promote and consolidade the values and principles regarding the guarantee and the respect of human rights as well as those connected with the exercise of public functions, translated into ethical, transparent and honest conduct on the part of public agents. In short, to incorporate a model to fight corruption according to the demands of a truly Constitutinal and democratic state.