Summary
Any activity, simple as it may be, is structured and made up of a series of steps. If we mention the administrative process, this in turn is made up of a series of steps that must be adjusted to the principles established by law to give legal certainty. to the clients and citizens, if we focus these processes within the pragmatic context, they will allow us to identify their effectiveness and usefulness from the beginning, this in turn will make them more practical and less cumbersome.
Key words: Administrative procedure, pragmatism.
Problem Statement.
Clients and citizens tend to generalize that all public administration processes, or most of them, as slow and deficient, when it is necessary to distinguish between a procedure, an application and a procedure, to correct this assessment, it is necessary to put a pragmatic approach before the administrative procedure. that allows to identify its consequences based on its usefulness and that at the same time allows to regain the trust of customers and citizens.
For the development of this essay, I will first address the administrative procedure at the federal level, the meaning of pragmatism, and finally I will highlight the importance of the pragmatic approach applied to administrative procedures.
What we understand by procedure
Procedure is a term that refers to the action that consists of proceeding, which also means acting in a certain way. The concept, on the other hand, is linked to a method or a way of executing something.
Master Manuel Acosta Romero makes the difference between process and procedure, where the process is made up of a series of acts carried out according to certain norms and are directly related to each other, always seeking the resolution of a problem; the procedure on the other hand, refers to it as the set of acts carried out based on certain regulations that lead to the performance of an act.
From my point of view a procedure is integrated by a series of systematized and ordered steps that has a beginning and an end and if we talk about the precursors of quality they establish that it is to do things right from the beginning, consequently this integration of steps they are designed to have no margins of error and to make it more efficient.
A procedure for reviewing legitimacy within the field of Law will have to be based on a Law, where the legal acts that comprise it have a different autonomy from the process whose purpose translates into a legal effect or act.
What is administrative procedure
An administrative procedure, for its part, is made up of various stages whose objective is to issue, at the end of the process, an administrative act or an act of nuisance. The public administration establishes them to guarantee citizens that the measures taken by the government will be consistent with each other, and that they will always be documented. People have the right to know this information, so that they are never surprised by measures that threaten their safety or integrity.
Consequently, the administrative procedure is a guarantee for the client and citizen that the Public Administration Dependencies and Entities are acting within the framework of legality and according to their provisions and regulated powers. Said principles of legality are described in the Federal Law of Administrative Procedure and sustained in the precepts 14, 16 and 17 of our Magna Carta.
What we understand by pragmatism
It is called the type of attitude and thought according to which things only have a value based on their utility, which leads from the true to the useful and considers that true knowledge is found precisely in what has a practical value for the lifetime.
It is in turn a "doctrine according to which the truth of knowledge lies in its usefulness, purpose and ability to be taken into action."
The main exponent of the "Theory of Pragmatism" was undoubtedly John Dewey who, since 1859, made reference to the importance of our thoughts which evolve and modify to adapt to the current world, where knowledge and experience lead to the human being to the most practical solution of problems.
In this sense, pragmatism will guide thought to the analysis of consequences under the premise of arriving at the most practical solution to a problem without losing sight of its usefulness, that is, without giving it so much thought.
In his book "How to clarify our ideas" Charles S. Peirce (1878), who is recognized as the father of pragmatism, mentions the duality that exists between clear and dark conceptions, and between different and confused.
Where a clear idea is one that must be recognized by any person and that does not give rise to any confusion, it refers to the fact that an idea is obscure if it does not become clear and understandable enough, where clarity must be related with a well defined idea and a well established objective.
Therefore a different idea is one that its structure and content is not at all clear and consequently it would be confusing, therefore the importance of its content being clear enough to be understood by anyone.
The importance of Pragmatism in the Administrative Procedure.
Here the challenge is for Public Servants to know, apply and develop in a natural way and identify the principles and ends, the useful and practical value in any phase of the administrative process. For its part, the Federal Law of Administrative Procedure, provides that "Administrative action in the procedure shall be subject to the principles of economy, speed, efficiency, legality, publicity and good faith."
Beginnings and ends of the administrative procedure, we can identify it as the before and after, where the administrative procedure that begins from the moment the notification of the act takes effect and the end will then be the alignment of each of the acts for the issuance of an administrative resolution which must at all times cover the principles of legality, giving it the certainty of fair application that will regain the trust of the client and citizen towards public institutions.
Useful and practical value based on an analytical thinking scheme that allows you to identify each of the steps that make up the administrative procedure and that it is efficient, practical and useful, that is, the administrative processes were designed not to fail, consequently the The one that fails is the public servant who adds elements to the process that are not contemplated in the law and are sometimes not supported and are far from the real facts. That is why the importance of the pragmatic method that avoids conceiving a different and unclear idea of the administrative procedure so that it is not confusing at the time of its interpretation and application.
Under the approach of the pragmatic model applied to the administrative procedure, it must be clear enough in its precepts, content and wording, which must not contain obscure ideas or concepts that generate confusion both for the client and citizen and for the same authority at the time. to issue an administrative resolution.
The content refers to what is described in the first to sixth titles of the Federal Law on Administrative Procedures in force and for which the pragmatic approach will prevent the Public Servant from interpreting or applying a different idea to the established precepts, giving them a utility as well as a more practical and understandable value.
Under this approach, the essential thing is to understand the essence of the administrative procedure and understand the interrelation between the law and the reality of the facts, as they say, it is necessary to be more practical, objective and understandable, avoiding the administrative roll and using technical or elaborate concepts. that the only thing they will generate is a confusing and incomprehensible procedure for customers and citizens.
Conclusions
- The application and use of pragmatism is recommended for all the processes and procedures of daily life, which will allow us to identify each of our activities, their usefulness and practicality. Review each of the steps and stages of the processes constantly and verify its alignment with the norm and at the same time measure its effectiveness and efficiency.Identify in all processes the principles of economy, speed, effectiveness, legality, publicity and good faith, which expertly potentiates practicality, usefulness and the purpose for which they were The pragmatic model will strengthen public servants by recognizing their knowledge and experiences, allowing them to be more practical when applying an administrative resolution, identifying the usefulness and objectivity for which they were designed.Pragmatic knowledge starts from the use of a methodology that allows you to achieve clearer, more precise, useful and common-sense thinking. When modifying your daily or common thoughts to pragmatic thinking, it will improve the administrative procedure, which is not It aims to change it, but to improve it by making it more useful, simple, understandable and practical. The adaptation of pragmatic thinking in work activities is better than hard and boring work. Pragmatic thinking alone does not work, it requires the commitment of the public servant for its application, efficiency, clarity and utilization, which allows to regain the trust of customers and citizens.At the time of modifying your daily or common thoughts to a pragmatic thought it will allow to improve the administrative procedure, with which it is not intended to change it, but to improve it making it more useful, simple, understandable and practical. The adaptation of pragmatic thinking in work activities is better that hard and boring work. Pragmatic thinking alone does not work, requires the commitment of the public servant for its application, efficiency, clarity and use, which allows to regain the trust of customers and citizens.At the time of modifying your daily or common thoughts to a pragmatic thought it will allow to improve the administrative procedure, with which it is not intended to change it, but to improve it making it more useful, simple, understandable and practical. The adaptation of pragmatic thinking in work activities is better that hard and boring work. Pragmatic thinking alone does not work, requires the commitment of the public servant for its application, efficiency, clarity and use, which allows to regain the trust of customers and citizens.The adaptation of pragmatic thinking in work activities is better than hard and boring work. Pragmatic thinking alone does not work, it requires the commitment of the public servant for its application, efficiency, clarity and use, which allows to regain the confidence of customers and citizens.The adaptation of pragmatic thinking in work activities is better than hard and boring work. Pragmatic thinking alone does not work, it requires the commitment of the public servant for its application, efficiency, clarity and use, which allows to regain the confidence of customers and citizens.
definicion.de/procedimiento/
Ditto 1
www.significados.com/pragmatismo/
Larousse Editores 2013 Encyclopedic Dictionary.
