About what we have witnessed in Colombia in recent years in which one public power collides with another, the famous train crash, very similar to what happened recently among the high courts, or what has happened between the Presidency of the Republic and Congress in past days, but also happens in areas of State competition as it happens with those that have to do with the administration of resources from the monopoly of games of chance, which in Colombia are regulated, collected, audited and partly administered by the same entity; different from what happens in Peru and almost all countries, at least democratic, where for example the SUNAT in Peru, which is the counterpart of the DIAN, is responsible for the collection and monitoring of resources and only receives information in line of what has to do with income, while the MINCETUR, which is like COLJUEGOS, is in charge of supervising compliance with technical and legal requirements.

This is the healthy rule of law and we will see why, because among other things had to go through many wars and revolutions in the world so that the states evolved and came to have this level of maturity.

I am referring to the theory of checks and balances, which holds that by distributing sovereignty among various organs of the State, a balance can be obtained that results in a prudent exercise of power, that is, in a balance of powers, in order that a power serves as a brake or control towards the other, to whom it makes a counterweight. In this way, a power monitors and controls the activity of the other, in reciprocal vigilance, by virtue of the fact that its fields are perfectly delimited, each within its own area of competence, it will avoid leaving it and that the others can also monitor within its corresponding sphere of competence.

In this way the field of competence of the state activity is framed, and thus the citizens are insured against the exorbitant actions of the power of the State, because this has to be manifested through general norms, that is, through laws, and these laws have to emanate from the body or state organs in charge of that function, and in case of doubt, the state body will be responsible for judging.

Thus, the healthy thing is that some organs of power regulate and direct a certain activity of the state, for example the generation of resources through a monopoly, and that at the same time another organ, hopefully from a different ministry, supervises the generation of those resources, and much more convenient if it is another totally independent body that supervises that the previous ones fulfill that function.

In the classes of State Theory when the different political regimes and classes of State are characterized, differentiating features are established between a "democratic state" and a "despotic or totalitarian state", and this is precisely one of the fundamental ones, because something that characterized the monarchical states, ie, despotic or totalitarian, is that the King was the one who dictated the laws (regulated), at the time was the one that enforced (monitored or supervised) and finally was the one who judged and punished the I disregard those laws. This made then that before such concentration of power, the rulers were inflating with desire to acquire more power and tried to stay longer on the throne at all costs, and end up exercising, the vast majority despotic and excessive power.

Then it was then with the profound changes that were introduced mainly from the French Revolution, profound changes to curb the despotism of the State, that a form of sustainable state was achieved, that one did not have to opt for a revolution or a civil war for to overthrow the president who was seizing power in such a way as to stall all the development of a country, and the first of those changes was the system of "checks and balances" that we mentioned at the beginning of this column.

The 1991 Constitution adopts a flexible system of distribution of the different functions of public power, which is combined with a principle of harmonious collaboration of the different organs of the State and different mechanisms of brake and counterweight between the powers. Something that does not replicate the Decree Law 4142 of 2011 that gives origin to COLJUEGOS EICE, because this decree does is concentrate all the power around the monopoly of the games of luck and chance in a single organ, and to adjust, a executive body, which issues the regulations, oversees compliance and judges its non-compliance, ie "me with me" and this has the sector plunged into the deepest stagnation that may have suffered throughout its history. To make matters even worse, who is watching it is the ITRC, which among other things is his brother because it depends on the same Ministry of Finance.