Page 256 - El État de los derechos humanos en las relaciones familiares
P. 256
ÉTAT DE LOS DERECHOS HUMANOS EN LAS RELACIONES FAMILIARES
of people not identified with the needs of the nation"; while the latter fraction demands that
any candidate "enjoy a good reputation and not have been convicted of an offense that merits
corporal punishment of more than one year in prison; but if it is about theft, fraud,
falsification, abuse of trust, and another that seriously harms the good reputation in the
public concept, it will disqualify for the charge, whatever the penalty. "
The constitutional text retakes the idea that in a democratic regime, any candidate for
constitutional judge must have not only the technical aptitudes to carry out the position, but
also an irreproachable reputation that legitimizes his appointment before a society that can
not choose him directly. This legitimacy is based on the applicant's previous attachment to
both moral and legal norms. It should not be overlooked that having a good reputation is a
different requirement than having no criminal record. In other words, a condemnatory
sentence is not necessary to be disqualified from the position of minister due to lack of a
good reputation, although it may be sufficient; and, in this context, Medina-Mora's
reputation is strongly questioned by both national and international public opinion. (Ibid)
For example, for Jorge Torres (2009: 13 and 24, respectively), among other authors, as
general director of CISEN:
Medina-Mora dismantled the intelligence system built 11 years earlier and, paradoxically,
turned it into a simple apparatus of political espionage without substance. The legacy of the
official was a moral drifting organism, involved in bureaucratic lawsuits and operational
fiascos.
258