Teoria General Del Estado PDF

# CAPITULO IV FUNCIONES DEL ESTADO ## 4.1 Generalidades - El Estado tiene su propia organización - Constitution Política de la República de Guatemala - Está estruturada por tres organismos: - Action de gobierno - Formación de la ley - Execution y actuacion judicial. - La finalidad is a...

# CAPITULO IV FUNCIONES DEL ESTADO ## 4.1 Generalidades - El Estado tiene su propia organización - Constitution Política de la República de Guatemala - Está estruturada por tres organismos: - Action de gobierno - Formación de la ley - Execution y actuacion judicial. - La finalidad is an important element of the state - The determination of the state's purpose percute directly and terminante sobre las actividades necesarias for its achievement - The common good is el bien común and depends on the reality of each nation - The opinion that prevails in a given moment determines the goals of the state - There is a series of funciones estatales that corresponds to different state organisms ## 4.2 Funciones Políticas ### 4.2.1 Concept - The function of the state is to solve the political interests of the country and to look after national interests - This is achieved by developing activities for general welfare - These functions are carried out through the Public Administration for the benefit of the majority of the population - The goal is to improve the quality of life for residents - This refers to security, health, edcucation, and controls as well as financial resources - All of these should be applied politically for general wellbeing. - The functions of government are as important as control ### 4.2.2 De gobierno - The functions of government are attributed to the Executive Branch - This also applies to the public administration - The public administration guides citizens to achieve their goals - They satisfy citizens' needs ### 4.2.3 De control - Control is the ability or capacity to influence or limit the decisions of government officials - It is a way to participate in the government, verify its actions, and limit its discretion - Control involves measuring current and past resources in relation to expectations (total or partial) in order to correct, improve, or formulate new plans - Control is implemented based on established norms and standards including quality control, audits, technical specifications, and established procedures. - The means of control should be clearly established for specific individuals or institutions to implement them effectively - They should be outlined in legal norms. - There are different types of administrative control. #### 4.2.3.1 Control Externo - External control occurs within public administration - It is carried out by superior government officials - The control is common among hierarchical organizations - This power is similar to the disciplinary power. #### 4.2.3.2 Control Interno - Internal control also occurs inside public administration - It involves supervisory authorities over subordinates - It involves an oversight by superiors - This type of control is very common among hierarchical organizations - The authority of superiors includes disciplinary authority, the ability to review decisions, and the revocation of authority. #### 4.2.3.3 Control Directo - This control is exercised by individuals over the actions of public administration - This is done through administrative resources #### 4.2.3.4 Derechos Humanos - This type of control is exercised by the Human Rights Office - This office is attached to the Congress of the Republic. #### 4.2.3.5 Contraloría General de Cuentas - It is a control over the use of public funds - It is exercised by the Comptroller General of Accounts - The Comptroller General makes sure that public officials spend funds accordingly. #### 4.2.3.6 Control Judicial - This control is exercised through the judicial system - The judicial system uses lawsuits, amparo proceedings, and court audits to regulate state action. #### 4.2.3.7 Control Constitucional - This control is conducted by the Constitutional Court - The court ensures that public administration and other government branches do not violate the Constitution - This applies to officials, the legislature, the executive, and the judiciary - The Constitutional Court is a guarantor of the rule of law. ## 4.3 Funciones Jurídicas ### 4.3.1 Función Legislativa - The legislative function formulates general laws and the structure of the state - It also regulates the relationship between the state and citizens and the relations between citizens - It lays out guidelines for behavior, prohibits certain conduct, or allows conduct - Laws are mandatory, abstract, general, and precient - This function concerns the creation of laws that regulate society and their administration. ### 4.3.2 Función Ejecutiva - The executive branch is responsible for fulfilling citizen needs and developing the well-being of the country - This branch incorporates governmental functions and high-level administration - The power is divided into political and administrative functions - Political function establishes goals and general orientations of the state - Administrative function carries out these goals - The administration is a bureaucratic system that contains a division of competencies. ### 4.3.3 Función Judicial - The judicial function is called jurisdictional in some contexts - Its purpose is to protect the legal order - The judicial function can be called upon to interpret the legal system. - This is carried out through interpretations of law in specific cases - The goal is to resolve conflicts through the application of the legal system - This is a hierarchical system with a chain of command. - The judicial system is made up of: - The Supreme Court of Justice - First instance courts - Justice of the Peace courts. - The judicial system also includes a Penal Chamber, a Civil Chamber, and a Chamber of Amparo and Antejuicio. - The judicial system is based on a dispute or a violation of the law - The system resolves disputes through decisions - These decisions aim to restore the order of the legal system or to uphold the well-being of the community. - The judicial system is characterized by - The establishment of facts through evidence - The application of law to facts - Judging, based on information and legally established norms. - The judicial branch is closely related to the administration of justice - This system is hierarchical.