Juridical aspects of conflict of interests and the good governance

Authors

  • Juan Carlos Morón Urbina Universidad San Martín de Porres

Abstract

In this article, the author is dedicated to conducting thorough analysis of a legal institution of vital importance for the good governance of public administrations: the regulation of conflicts of interest. Indeed, in post-capitalist societies characterized by an incessant intervention in civil society and the market, the effects of this phenomenon have given way to a series of negative consequences, namely: regulatory capture, increased corruption or misuse of powers, among other symptoms of misrule. Thus, once described the institutional and factual scenario in which conflicts of interest arise, the study turns to rebuilding the category of conflict of interest, especially those which may affect public servants, determining its configuring elements, the extension or scope of conflict of interest, their types; and then ponder about the signals that allow to detect them, evaluating the control means of the conflicts of interest and their effectiveness.

Keywords:

Conflict of interest, governance, good governance, fundamental rights