About This Book
This book, by Professor Emilio J. Urbina Mendoza, addresses one of the constitutional aspects of property and economic freedom, known as the POWER OF CONSTITUTIONAL PATRIMONIAL CORRECTION OF THE STATE. In the use of these powers, the State-judge decides to correct any anomaly present in the National Patrimonial System, the latter understood as the set of general assets and liabilities of a nation, which includes all the patrimonial assets, public and private, destined towards wealth creation. The global risk society, combined with the increasingly imperceptible manifestations of economic crime 2.0, endanger the integrity of said heritage system. When this happens, the State decides to apply its powers to cleanse the entire wealth-producing system of any threat that endangers it.
However, the exercise of this power requires the application of rational mechanisms, an independent, honest and enlightened judiciary that does not harm both the right to property and economic freedom when applying these corrective measures. This is what this book is about, about the limits to that power. Thus, the book is divided into three parts. The first, dedicated to the study of the brand-new concept of the NATIONAL HERITAGE SYSTEM, in which, under the protection of the economic Constitution, property is approached not so much as a subjective right, but as an engine for the creation of wealth throughout an entire Nation.
The second part of the work addresses the details of what the POWER OF PATRIMONIAL CORRECTION OF THE STATE means, establishing the essential conceptual differences to differentiate it from state intervention over the economy or the monopoly of the Administration over some areas of the economic and productive system due to the national interest.
Finally, the work reviews the best-finished asset correction mechanisms at a global level to confront these illicit assets through non-punitive means. We refer to confiscations without conviction and the different variants of civil forfeiture in Latin America, addressing the guaranteed principles that protect the property system from arbitrariness or abuse by the Public Power of this power.
