RULE OF LAW, BUDGET AND MANAGEMENT BY RESULTS OF JUDICIAL INSTITUTIONS IN LATIN AMERICA: AN APPROXIMATION

• Autor(a) principal: Garita,René Palacios
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://scielo.pt/scielo.php?script=sci_arttext&pid=S2183-95222023000100333
• topic: rule of law; results based budgeting; judicial institutions; Latin America; administrative reform; development of institutions; new public management; judicial systems; economic analysis of law.

Abstract. This approach is aimed at finding out if there is a relationship between the progress of the rule of law of Latin American nations, the implementation of results-based budgeting in judicial institutions, determining the influence and discerning the analysis accompanied by the perception of the Rule of Law in Latin America. This notion entails the hypothesis of discerning globally if, after the empirical analysis, the expected results have been achieved, complemented by the mechanisms of perception of the Rule of Law. The methodology used are regressive diachronic and comparative law analysis. The results confirm recognizing the Rule of Law as a significant and important element to locate the justice sector and, in turn, its budget component in terms of specific results, being informative to the extent that they are observed in the practice for those responsible for influencing the sector. Despite the fact that there may be progress in the institutionalization of the elements observed, what is worrying is observing that there has been a setback in the perception of the Rule of Law that exists in the region, since there are few countries evaluated that have progress after the elapsed time threshold. This approach adds to contribute to the mosaic of empirical research on the performance of the justice system by identifying and analyzing the behavior of judicial institutions related to their budgetary function, quantitatively with respect to their progress in relation to the Rule of Law and qualitatively related to the perception of the judicial institutions.