Falacia Garantista: Desafío para el Derecho Humano a una Buena Administración Pública

The Mexican State shows failures that are incumbent upon the Public Administration and the individuals who are part of it; illegal acts, excessive bureaucracy, the lack of competent public servants and deficiencies in government institutions lead to cases of corruption that reveal the diversion of public resources that seriously harm the people. In this essay, the legal conformation of Good Public Administration as a human right was analyzed to determine if it is a prerogative guaranteed by the Mexican Public Administration or if it is a fallacy. A study was made of the Guarantor Theory, whose main representative is the Italian Luigi Ferrajoli, as well as the postulates that support this theory to determine the effectiveness of the Human Right to Good Administration in Mexican society. Likewise, we reflected on the implications of errors in the interpretation, argumentation and application of the guarantee theory, which generates what Luigi Ferrajoli calls the guarantee fallacy; a legal system, even if it is supported by a valid theory and well-defined regulations, is not effective in the State if in practice it does not have the support of the political and social actors that contribute to the materialization of fundamental rights.