FILSAFAT KORUPSI - Direktori File UPI
FILSAFAT KORUPSI - Direktori File UPI
FILSAFAT KORUPSI - Direktori File UPI
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connected with a broader sense of fairness in society. When the government implements policies<br />
which burden a majority of disadvantaged groups in society to the benefit of the wealthier<br />
minority, it reduces the legitimacy of government and increases the perception of corruption. A<br />
higher perception of corruption by itself, no matter how correlated with real corruption, has a<br />
disruptive effect in society. It increases the perception of risk and reduces investment. It<br />
decreases trust among strangers, reducing opportunities for business and distorting general<br />
allocation of resources. It increases the perception of impunity, stimulating corruption by<br />
reducing perceived risks of engaging in bribing and stealing of public funds. For those reasons,<br />
the long term effects of high economic inequality on corruption might not be underestimated,<br />
even in wealthy societies with efficient and well structured bureaucracies.<br />
Latin America is characterized by the weakness of its institutions, as a result of its<br />
colonization model, in which political and economic power was usually concentrated in the same<br />
hands. Such a political system, with blurred lines separating public and private resources, can be<br />
described as patrimonialistic.37).<br />
The vicious circle between corruption and inequality which I described above is nothing but a modern<br />
description of patrimonialism. Patrimonialism was initially described as a characteristic of pre-modern,<br />
medieval societies, in which it was not possible to differentiate between the belongings of the lords and<br />
those of the state. Such features<br />
35).See Rose-Ackerman, supra note 22, at 33 (―Corruption also tends to distort the allocation of economic benefits,<br />
favoring the haves over the have-nots and leading to a less equitable income distribution.‖<br />
36) See Edward Glaeser, Jose Scheinkman, and Andrei Shleifer, supra note 34.<br />
37). For an example of the evolution of patrimonialism in Latin America, and its relation with colonialism,<br />
concentration of land, and slavery, see Raymundo Faoro, OS DONOS DOP : A FORMAÇÃO DO PATRONATO P<br />
OLÍTICO BRASILEIRO (Globo, 1975).<br />
Page 17<br />
of patrimonialism would disappear with modernization. Industrialization would require efficient<br />
bureaucracies and formal rules would separate public and private interests.38) Contemporary<br />
Latin American societies proved that patrimonialism might survive modernization. Modern<br />
bureaucracies and legal systems can operate to benefit a few, allowing constant transformations<br />
of economic power into political power. Fighting corruption in the region requires more than<br />
legal formalism. It requires efficient mechanisms to distribute political and economic power.<br />
4. Political and Economic Transitions in Latin America<br />
4.1. Elites‘ Pacts Theory and Political Transitions<br />
The study of the transition from authoritarianism in Latin America gave rise to a new<br />
approach to the theory of democracy, focused on the values of elites and suggesting that mass<br />
behavior was secondary in the process of democratization. 39). I will briefly explain aspects of this<br />
theory related to the political and economic transitions in Latin America in 1980s and 1990s, and<br />
the consequences of the consolidation of what was called ―delegative democracy‖. The failures<br />
of this transition are at the core of the present difficulties in fighting corruption and reducing<br />
income inequality in the region. Among such failures, the maintenance of mechanisms of<br />
―executive supremacy‖ is probably the most blatant examples.<br />
The main argument of the theory was that the transition should have been based on series<br />
of pacts among elites. It was recognized that such pacts were not democratic, since their<br />
objectives would be to maintain the same political groups in power. However, they assumed that<br />
such pacts would open opportunities for the achievement of more democratic outcomes in the<br />
38). See Max Weber, E CONOMY AND SOCIETY 956-1005 (Bedminster Press, 1968) Page 18<br />
17 future. The transition would have three moments: (i) a military moment; (ii) a political moment;<br />
and (iii) an economic moment. 40<br />
The military moment would be when the dictatorships turn<br />
softer, or ―civilized‖, by means of pacts between the military and political elites. Such pacts<br />
would not be sustainable in the long run, creating an opportunity for new pacts among political<br />
197