The weakness of the rule of law in Latin America: a factor to understand the implantation of the organized crime

Abstract

This article aims to explain, not so much the existence of organized crime and violence in Latin America, but rather its scope and degree of influence acquired by these criminal networks. Therefore, we focus our attention on the complicity of certain state authorities with organized crime. This complicity explains the “success” of organized crime’s illegal businesses in the region. It is mainly due to the impunity provided by the existence of institutionalized corruption, largely by security forces, and the judicial and penal systems. Corruption enables the exemption from compliance with the law. A possibility that occurs when the state lacks the authority to establish the rule of law. This is one of the circumstances that reproduces the weakness of the state in Latin America. In this case, there is a state structure with sufficient authority to sustain and maintain security forces, and judicial and penal systems, but not to avoid the complicity of these institutions with crime. In this sense and against a widespread idea, a weak state provides more advantages to organized crime than a failed state.