THE MULTIDISCIPLINARITY OF THE FINANCIAL ACTIVITY OF THE STATE

This article reflects on the multidisciplinary nature of the financial activity of the State in its legal, economic and political aspects, as well as the importance of this activity being open to consider additional aspects.

Before starting, it is important to note that a concept of financial law is not provided at this time nor is the discussion of whether it is part of public or private law, but rather that it is assumed that the State conducts financial activity and it becomes visible all the time.

What does this activity consist of and how does it become visible? In principle, the financial activity of the State consists in obtaining income to cover public spending and this becomes visible through the rules governing taxation, the use of private legal figures, among others.

This being so, an unavoidable legal aspect is noted in the financial activity of the State, since to make tax impositions this uses the rules offered by our legal system.

For example, in our legislation, in order for the State to raise funds through taxes, these must necessarily be established by Law or Legislative Decree and comply with principles regulated in our Constitution such as non-confiscation.

However, analyzing financial activity only from a legal aspect is insufficient at present, since financial activity is not only an end in itself (state revenue alone), but has a purpose.

A peaceful purpose, as we have advanced, is to finance public spending; However, it is of universal understanding that the State, although with certain parameters such as public purpose, may have different purposes in its government program, depending on the context in which it is located.

Such is the case that for authors such as Mijangos Borja, the financial activity of the State is not currently aimed at obtaining income to cover public spending, but aims to boost its economy by directing and regulating it. (Mijangos Borja, p. 3)

Having this form of financial activity as a reference, it is noted that the financial activity not only has a legal aspect, but also an economic one.

On this aspect, it is possible to infer that, if this activity has the purpose of boosting its economy, it must take into account the economic decisions of citizens.

For example, one of the forms of financial activity of the States is given through the consumption tax; that is, there will be, for example, collection, if the consumption tax established on certain products does not prevent citizens from being able to pay for them; For this, the collection must take into account the economic capacity of the taxpayers.

This being so, it can be concluded, in principle, that the multidisciplinary nature of the State's financial activity is evidenced not only because it is specially regulated, but also by the economic impact of this activity on citizens' decisions.

However, I believe that there is an important agent that, when taken into account, ends up reaffirming the multidisciplinary nature of financial activity and that the agent that makes legal decisions with economic impact is the State and the entities that represent it.

According to Sainz de Bujanda, when the State acts, it always does so with a political calculation; that is, weighing a set of variables to determine what a substantially political decision will be. (Sainz de Bujanda, 1977)

Also, Mijangos Borja, citing authors such as Pugliese and Griziotti, points out that the financial activity has a political nature, since the agent (State) that carries it out is political, as well as the purposes, concluding that the financial activity has An essentially political nature. (Mijangos Borja, p. 4)

This in my opinion should be analyzed in more detail. Not always the decisions of the State that are related to its financial activity and the economy of the citizens are the most objective or the best financial decisions.

For example, a country's current government may prefer less revenue and reduce taxes in certain areas of poverty if it is part of its political program that increases the spending capacity of its inhabitants in that area. Although this decision may not be the best financial decision, it could be a good political decision.

Thus, the political aspect of financial activity can be evidenced by the guidelines of the political program that the government in office and the entities that represent it have decided to follow.

Consequently, the multidisciplinary nature of the State's financial activity is based mainly on the need to consider other disciplines or aspects such as economic and political when carrying it out.

This is not intended to indicate that it is not possible to include any additional aspect; On the contrary, it is very important that this activity has a predisposition to include more aspects if they are applicable, since the impact of this activity is so significant that it cannot fail to consider all possible variables.

Moreover, if understanding the financial activity of the State in its multidisciplinary nature, it is possible to better understand how to obtain the greatest efficiency of this activity, whether in political and / or economic terms.

Most likely there are those who point out that the financial activity of the State should be governed by economic and objective terms; However, to assume this is to frame the State as any subject that performs financial activity and who has no obligation to consider other important aspects such as political impact.


References:

  • Garza, SF (1979). Mexican Financial Law. 15 Porrúa, Mexico.
  • Mijangos Borja, M. d. (sf). General Concepts of Financial Law. Obtenido de https://archivos.juridicas.unam.mx/www/bjv/libros/4/1910/4.pdf?fbclid=IwAR2k9tljG9AMvLT0eMlSO8Q6GWf87b1__e1oNwo3w4SfBpsAst2aGbKlvjM
  • Pugliese, M. (1937). Financial law institutions. Mexico: Economic Culture Fund.
  • Sainz de Bujanda, F. (1977). Financial Law System I. Introduction. Madrid: Law School of the Complutense University.
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Diego Mera Sandy
Lawyer by the PUCP, lawyer of the area of ​​solution of controversies in Infrastructure in Claro América Movil and coach of the team of debate of the Peruvian University of Applied Sciences (UPC).

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