JUSTICE AND THE ECONOMY IN VENEZUELA
INTRODUCTION
From the point of view of logical reasoning and
scientific methodology, making an evaluation of the socio-economic and
political evolution of Venezuela, taking as a reference the pattern of events
in the country during the 21st century makes no sense. Rather, the analysis of
the country's evolution in the period between the 1950s and the end of the 20th
century is more sensible. Additionally, the comparative analysis should
consider the pattern of countries within the same period, such as the
Scandinavian countries, Singapore and South Korea, among others. ¿What happened in this
period that caused Venezuela to culminate with a negative trend in all
indicators of the standard of living in comparison with the aforementioned
countries, which around the 1950s observed comparatively unfavorable conditions
with respect to Venezuela. What plans and actions did the Venezuelan state
implement to reverse this dangerous trend?
JUSTICE AND THE ECONOMY
The level of economic and social development achieved
by Norway, Sweden, Finland, Denmark, Germany, Japan, Canada, England, South
Korea, New Zealand and other countries in Europe and Asia, was based on two
fundamental pillars, achieving consolidation during the second half of the 20th
century:
1) The Guarantee of an Adequate Justice System and
full compliance with the laws
2) The Methodological Design of a Planning for a
Sustainable Economy, taking as a foundation all the potentialities and
opportunities that a country offers, associating these, in an integral,
complementary and harmonious way, to the local, regional and national needs and
possibilities. That is, the concatenation of all the Productive and Service
Sectors, assertively adapting them throughout the national geography.
Referring to these two fundamental areas, in
Venezuela, these expressions have traditionally been repeated very frequently:
1) "We have one of the best justice systems in
the world, and we have very good laws, the problem is that we do not comply
with them"
2) "Sowing the oil", "The fight against
corruption"
When I studied in England, we, venezuelans were very impressed that "english people were so polite, they respected everything". "They respected the passage of pedestrians". Of course, the driver of the car that crossed a pedestrian crossing when a pedestrian was crossing it, was not only fined or detained, but was summoned to court before a judge. And not only that, the hearing was public so that the offender would face society and feel ashamed. So who is not "honest"?
The need for punishment or sanction: This, within the
context of the laws, induces good behavior that later translates into honesty.
Best of all, in the end, for example, very little is necessary to apply it. A
solid Justice leads to respect and the consolidation of values. In order to have values,
it is not only necessary to count on the good teaching of the family at home and
at school. To coexist in society, the values also depend on an Adequate
Justice System and the guarantee of compliance with the laws.
At the top end of the examples, it is inevitable and
necessary to mention the liberation that our Justice System allowed, from the
coup leader who fractured our democratic history.
For obvious reasons, it is not necessary to refer to
other cases or levels of violation of the laws, to admit and recognize the lack
of compliance with the laws observed in venezuelan society throughout our
history, as well as the negative impact and the consequences of this, in our
standard of living, our level of development, derived from the lack of
guarantees for its fulfillment.
Given that for more than 20 years we have not
lived in a democratic system, it is essential to carry out an exercise that
assumes a scenario similar to the characteristics observed in Venezuela during
the second half of the 20th century.
On this occasion, as a focused and necessary activity,
the nation demands that all legal professionals in Venezuela address the issue:
GUARANTEE IN COMPLIANCE WITH LAWS
¿How to guarantee compliance with the laws? How to do
it? ¿Which countries where compliance with the laws has been guaranteed, and which
enjoy a high level of economic and social development, freedom, respect for
society and the environment, can serve as a reference and support to achieve
this goal in the country?
The guarantee in compliance with the laws is essential
to be able to make Venezuela a country where all duties are fulfilled, all
rights are respected, and the standard of living that all venezuelans deserve
and demand can be enjoyed.
As an example, the following links show the cases of Norway and Singapore in matters of Justice and the Economy:
MY EXPERIENCE IN NORWAY BETWEEN 1983 AND 1986
NOTAS SOBRE EL EXITOSO MODELO DE DESARROLLO DE SINGAPUR
THE CASE OF THE ARAB EMIRATES. JUSTICE AND THE ECONOMY
And returning to the economic issue, that of the
investments that the country urgently requires, but now, with the entire world
suffering the impact on the economy as a result of Covid-19. ¿What can we do
with our Justice System to guarantee compliance with the laws once we are in a
democracy?
The United Arab Emirates (“UAE”) has experienced
decades of economic growth and has become a major regional trading center,
attracting large and numerous cross-border transactions. This has led investors
and contract parties in the UAE to commonly choose a foreign law, particularly
English law, to govern the contractual relationship and to opt for a foreign
jurisdiction or arbitration as an alternative to litigation.
LET´S CORRECT THE MISTAKES OF THE PAST AND GET THINGS
RIGHT THIS TIME
Having for many years the great expectation for the
return of the long-awaited democracy, there exists, even before reaching it,
the fear of losing it if we do not correct the mistakes made during the last
century that led us to lose it. Let's see ourselves in the mirror of Nicaragua,
1) having suffered the first period of the Daniel
Ortega regime,
2) recover democracy with two presidential terms, that
of Violeta Chamorro and Arnoldo Alemán, doing things in the same way as they
were done in the period prior to Daniel Ortega,
3) to end up in an even more cruel tyrant -
totalitarian regime.
Juan Guzmán
PhD Química
Universidad Noruega de Ciencia y
Tecnología, NTNU
https://juanguzman88.blogspot.com/
https://twitter.com/juanguzmn88
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