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On October 21, 2018, in a widely circulated newspaper, the conservative intellectual Daniel Mansuy published a column entitled "The Defeat of the Controller", where he took it violently to the head of the controller's office. General of the Republic because a chamber of the Court of Appeal of Santiago gave the reason to the former subcontractor Dorothy Pérez, on the occasion of the controversy of public notoriety that the two support because the first one asked to the second to resign from his post.
The chronicler notably stated "……… a few months ago that the controller gives strange signals, leaving his decisions impregnated with an attitude incompatible with his role and responsibilities " (sic). In addition, for having solved problems related to conscientious objection in the health field, the controller treated him as an activist and what bothered him the most, c & # 39; is that Bermúdez expressed that he would continue to work to make our country a little less corrupt. We must all celebrate the fact that the scourge of corruption is omnipresent in the state apparatus and in private business and even in churches of different denominations. That is, the man was angry because the controller had told the truth.
Mansuy pulls on Bermudez, declaring that the latter might bother to explain the facts on which he bases his judgment on the corruption and if he declares himself unknown, we invite you to read carefully the site Web controller. Whoever publishes this article, unlike him and those who enjoy political and economic power, knows very well and that he denounces with reason, in the open, how the elite is trapped in Chile, the legal provisions that can go unpunished.
At present, Law No. 10,336, Organic Constitutional Office of the Comptroller's Office, contains two conflicting articles concerning the duties of the Comptroller General. Article 3 states that all its officials are the exclusive trust of the controller, who can appoint, promote and dismiss them independently of any other authority. On the other hand, Article 4 states that the Comptroller General and the Subcontroller will enjoy the prerogatives and tenure that the law indicates for members of the Superior Courts of Justice and that, therefore, the law does not apply. The case should be resolved by the Supreme Court of Justice.
We can not lose sight of the fundamental reason why Bermudez had to ask for the resignation of Pérez, who omits the detractor Mansuy. Indeed, everything is related to the misappropriation of funds by millionaires to Carabineros de Chile, committed by his own officers of different ranks, a theft that is the subject of an investigation since mid-2017 by the regional prosecutor of Punta Arenas, Eugenio Campos, who, among others, has declared a witness to the subcontractor Dorothy Pérez.
But the complication for many comes from the year 2010, with a survey failed (administrative summary) to detect many illegal bonuses and embezzlement of public funds to Carabineros, resolved by the Office of the Controller, canceled by a person from the control body in June of the same year, while the subcontractor was Patricia Arriagada. The above relates to a meeting requested by the Director General of Carabinieri, Eduardo Gordon, at the time of the controller, Ramiro Mendoza. To date, it is unclear who from the Comptroller's Office has taken the decision to cancel such a transcendental investigation and it is badumed that the Campos Attorney will finally determine who was the controller's office official who was so good with the scoundrels who developed in the once respectable institution of the Carabinieri of Chile.
The Supreme Court will issue a judgment only for the event in question if the Comptroller General had the power to request the resignation of the subcontractor, without specifying, at the very least, what would happen. had pbaded in 2010, since this tragic episode of Institutional Corruption is the responsibility of the prosecutor Campos. If the decision is favorable to Bermúdez, the former subcontractor will have to exercise his profession as a competent lawyer in other public services or in a private company and if the decision finds Dorothy Pérez fair, she will have to join the Office of the Controller occupying the same position. In this scenario, Bermúdez will continue to hold the position of Comptroller General, in the hope that both will reduce the toughness that reinforces the important role that he plays in the country, even more so it is urgent to modify its organic law.
In summary, in our opinion, Bermúdez does his job well and we realize that he does not fear the powerful when he has to sign opinions and if we want to be recognized by the OECD, he is necessary to strengthen the controller's powers with new coercive tools. and that their resolutions still have an empire, which is unfortunately not currently the case in undisciplined public services, as in the Minvu and some municipalities.
It would also be necessary for Mansuy to indicate how many times he has formally denounced acts of corruption. If he has not done so, it would be best to continue his intellectual rhetoric and to stop unreasonably attacking those who wish to eradicate this scourge in our country, which undoubtedly disturbs entrepreneurs who, with cheats and sometimes accomplices with state officials, they like to enjoy the undue advantages in the markets.
Patricio Herman
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