The Doctrine of Permanent Suspicion: Institutional Distrust and the Transformation of Public Power

Alberto Rubén Martínez

Independent Researcher
Rosario, Argentina

Email: [email protected]
ORCID: https://orcid.org/0009-0005-5935-879X
SSRN Author Page: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=9446852
Website: https://tematicaseguridad.blogspot.com/ – https://confianzasoberana.ar

Works indexed via ORCID and Crossref

Abstract

This paper analyzes a structural form of governance based on institutional distrust toward public workers, particularly within security forces. It introduces the concept of the “Doctrine of Permanent Suspicion” to describe a regime characterized by preventive control, extralegal surveillance, and administrative practices that undermine fundamental rights under the appearance of legality. Drawing on legal theory, political philosophy, and institutional analysis, the study argues that such practices represent a transformation in the exercise of public power, shifting from legal regulation to suspicion-based governance. The paper concludes by outlining the need for a normative and institutional reconfiguration grounded in legal guarantees, accountability, and democratic legitimacy.

Keywords

Institutional distrust, Permanent suspicion, Public employment, Police labor rights, Administrative law, Constitutional law, Security forces, State power, Surveillance, Rule of law

1. Introduction

In contemporary public administration, particularly within security forces, a pattern of institutional behavior has emerged that is characterized by systematic distrust toward public workers. This distrust is not limited to isolated practices but appears as a structural logic shaping administrative action.

This paper proposes to conceptualize this phenomenon as the “Doctrine of Permanent Suspicion.” Rather than understanding administrative control as a neutral or technical function, this approach examines how it operates as a mechanism of anticipatory governance, where workers are treated as potential threats rather than rights-bearing subjects.

The central argument is that this doctrine represents a transformation in the nature of public power, with significant implications for legality, institutional legitimacy, and labor rights.

2. Conceptual Framework: The Doctrine of Permanent Suspicion

The Doctrine of Permanent Suspicion refers to a structural configuration in which administrative practices are guided by a presumption of risk associated with public workers. Under this framework, surveillance and control are not reactive but preventive, operating before any formal infraction occurs.

This perspective can be linked to broader theoretical traditions. Michel Foucault’s analysis of disciplinary power highlights the role of surveillance in shaping behavior, while Giorgio Agamben’s concept of the state of exception illustrates how legal norms can be suspended under the justification of necessity.

In this context, suspicion becomes institutionalized, transforming administrative action into a continuous process of monitoring and control.

3. Institutionalization of Suspicion

The doctrine operates through a series of mechanisms that extend beyond formal legal frameworks. Administrative practices such as monitoring, evaluation, and internal control become tools for maintaining a state of permanent vigilance.

This institutionalization produces a shift in the relationship between the state and its workers. Rather than being governed by clear legal rules, administrative action becomes flexible and discretionary, guided by implicit assumptions rather than explicit norms.

4. From Legal Regulation to Suspicion-Based Governance

A key feature of this transformation is the displacement of legal regulation by suspicion-based governance.

Under traditional administrative law, actions affecting rights must be justified through formal procedures and legal norms. However, within the framework of permanent suspicion, these requirements are often bypassed or reinterpreted.

As a result, the exercise of power becomes less transparent and more difficult to challenge, creating a gap between formal legality and actual practice.

5. Security Forces as a Structural Case

Security forces provide a particularly clear example of this phenomenon. Due to their hierarchical structure and operational functions, they are especially prone to forms of control that prioritize authority over rights.

In these contexts, suspicion becomes a central organizing principle, shaping decisions related to assignments, discipline, and career progression.

This makes security forces a critical case for understanding broader transformations in public administration.

6. Consequences for Rights and Institutional Legitimacy

The Doctrine of Permanent Suspicion has significant implications:

• Weakening of due process guarantees
• Erosion of labor rights
• Expansion of discretionary power
• Decline in institutional trust

These effects not only impact individual workers but also undermine the legitimacy of public institutions.

7. Toward a Normative Reconfiguration

Addressing this phenomenon requires more than isolated reforms. It demands a reconfiguration of the principles guiding administrative action.

Such a reconfiguration should include:

• Reinforcement of legal guarantees
• Transparency in administrative procedures
• Accountability mechanisms
• Recognition of workers as rights-bearing subjects

8. Conclusion

The Doctrine of Permanent Suspicion represents a structural transformation in the exercise of public power. By shifting from legal regulation to preventive control, it challenges the foundations of the rule of law.

Reversing this trend requires restoring the centrality of legality, rights, and institutional accountability. Only through such a shift can public administration maintain its legitimacy in a democratic framework.

References

Foucault, M. (1977). Discipline and Punish: The Birth of the Prison. Pantheon

Books.

Agamben, G. (2005). State of Exception. University of Chicago Press.

Bobbio, N. (1987). The Future of Democracy. University of Minnesota Press.

Weber, M. (1978). Economy and Society. University of California Press.

Martínez, A. R. (2025). La doctrina de la sospecha permanente. Zenodo.

Author’s Note

This paper forms part of a broader research project developed in the book La Doctrina de la Sospecha Permanente (Martínez, 2025), available at: https://doi.org/10.5281/zenodo.17166118

It also contributes to an ongoing research agenda focused on institutional power, labor rights, and public administration.