Obedience to disobey, a formula of Castilian law used since the Colony in favor of the power elite, popularized by the Creole picaresque, as far as justice is concerned, by saying “the law is for the ruana.” I sing a sample.
Odebrecht, a Brazilian engineering company, has put together the largest network of public corruption in the criminal history of America, covering twelve countries, including Colombia, where its main partner is the most powerful business and family group in the country.
After several years of investigation, in 2016 Odebrecht admitted, before the United States justice system, to the scandalous payment of eight hundred million dollars in kickbacks and bribes. The federal justice system imposed a fine of two billion six hundred million dollars on him. In Brazil, three former presidents were convicted and the owner of a construction company was jailed. In Peru, three former presidents were implicated and another committed suicide. In Argentina and Ecuador, high officials and powerful businessmen pay in prison for their crimes.
In 2010, the Odebrecht-Grupo Aval consortium signed a national contract for the astronomical figure of one billion two hundred million dollars to build the Ruta del Sol, the most ambitious road infrastructure project in the country . To date, this route has not reached its port and billions of dollars have been lost on this route.
The United States is also investigating the Aval Group, which, in light of the results, last August acknowledged to the North American authorities its criminal conduct with Odebrecht, for which it agreed to pay a fine of eighty million dollars and to cooperate with the investigation, penal.
Unheard: The Grupo Aval denies these events in Colombia, calling itself the victim of its partner and its own employees, appealing the judicial decisions and asking for compensation in its favor. In compromise, only justice will judge and condemn frivolous officials and ordinary businessmen.
After the confession of the Aval Group in the United States, the entire Prosecutor’s Office announced in a press conference, from the Andi Business Congress, that the issue of Odebrecht-Grupo Aval has been clarified and that there are no pending prosecutions. Andi remained silent. However, this association of industrialists will do well to report the cost caused by this competitive fraud in their companies and public finances.
In this context, it is inevitable to review the appointment and performance of the last two prosecutors. The former was criticized, before the Council of State and before the Congress of the Republic, for failing to fulfill his moral duty and previously knowing about this network of corruption as a consultant of Grupo Aval and collaborator of Odebrecht . Angry citizens protested in various cities across the country. He resigned a year before the end of his term, not because of a judicial decision, but because of citizen pressure. The current prosecutor, according to the “2023 Opinion Panel”, has a lower level of legitimacy and his performance is not up to the standards required by the circumstances.
It is observed how the state apparatus is used to prove criminal acts and to reach “those in ruana” with the full weight of the law. It is worth remembering that last year the Aval Group donated more than thirteen billion pesos to the parties: the Liberal, the Democratic Center and the U were the most beneficiaries.
This method of dispensing justice deepens inequality and ignores the spirit of the Social Rule of Law. It is necessary that the President of the Republic in the nomination, and the Supreme Court of Justice in the appointment, choose the new prosecutor without the usual clientelistic and tortuous practice.