Let's talk about corruption

In various conversations I have had recently, the topic of corruption and its frontal combat by different government agencies has come up. In my experience, this fight exists and has generated important results from the Executive Branch, at its different levels of action. However, it seems to me that the Judicial Branch (PJ) has indeed failed to deliver in the fight against this scourge within its own institution. Now, it is essential to distinguish between corruption generated autonomously , so to speak, and that generated by externally influencing factors, which could be called heteronomous .

The first is that which is motivated internally, without the intervention of external agents, on the initiative of the members of the PJ themselves, which does not require any action from people outside that power. An example of these actions and which has sadly impacted this power is nepotism . The RAE defines it as: "Use of a position to appoint relatives or friends to certain jobs or grant them other types of favors, outside the principle of merit and capacity." That is, a member of that Power, in active service, obtained a favor for the benefit of a family member by obtaining a job position in that same instance. Some important voices in the legal world have denounced it and have provided information about it. But, for greater precision, we can find that in the study called Comprehensive reform of the justice system in Mexico: challenges and proposals, published in September 2024 by the Supreme Court of Justice of the Nation and the Federal Judicial Council, there is 37.4% nepotism in the Judicial Branch of the Federation. This, in a nutshell, means that almost 4 out of 10 workers in the PJ are suspected of or have incurred in nepotism .

Another form of corruption of an autonomous nature is, without a doubt, influence peddling , which is understood, according to the Colegio de México website, as: “Practice in which a person benefits from the relationship he or she maintains with another person who holds a public office or some position of power, such that he or she obtains concessions or privileges.” The definition itself clarifies the topics it covers and how damaging the development of these behaviors is for society itself.

Now, as I mentioned in previous paragraphs, not every act of corruption is only objectionable to members of the PJ. There are many others of an external or heteronomous nature, and which the law itself fully sanctions; they are those in which individuals participate directly, whether physical persons or legal entities, through their representatives or legal agents, but, in the case at hand, applicable to the jurisdictional bodies, those who participate are lawyers or legal firms.

The range of types related to this kind of corruption is unfortunately very wide, but the most emblematic is bribery . The General Law of Administrative Responsibilities defines it in the following way: “A public servant who demands, accepts, obtains or attempts to obtain, by himself or through third parties, by reason of his functions, any benefit not included in his remuneration as a public servant, which could consist of money; securities; movable or immovable property…”, will incur bribery.

But it is in this type of action where legal professionals, law firms and, in general, citizens, must assume a great responsibility to not allow the execution of this type of acts. We must break with this cancer that eats away at our country with the simple decision of not participating. For a corrupt person to exist, there must be a corruptor, who is the person who unfortunately provides the facilities for the judge to obtain the benefits that the law mentions. This is a nefarious circle that is within our reach to eliminate and thus prevent its growth and dissemination.

Today, when we have the great opportunity as a country to create a new Judicial Branch, one from which we can demand honesty and results, it is time, then, for us as a society to present ourselves as responsible citizens, consistent with what we have always demanded.