Fenómeno de la corrupción en la contratación estatal

Abstract

This paper aims to show that the frequency of acts of corruption are presented in hiring within the public administration, is a consequence of constantly changing legislation and its interpretation in the period 2010-2013, therefore it is necessary to analyze the routing thereof by public officials, therefore changes in contract law in the period 2010-2013 and its impact on addressing the same by public officials described. From the above three specific objectives, the initial stem is Making a hermeneutical exercise on jurisprudential position relative to changes in contract law in the period 2010-2013; subsequently sought to determine how public officials make use of changes in legislation to commit acts of corruption and finally an analysis of changes in contract law in Colombia will take place during the period 2010-2013. In this sense, research is divided into three chapters seek to embrace each of the specific objectives described. The first chapter a hermeneutic exercise to be Held on the most important rulings on the principle of administrative morality, beginning with the ruling by the Constitutional Court in Case T- S03 1994 and this gives the definition of administrative morality, then Case constitutionality C-046, the same year by the Magistrate Eduardo Cifuentes Muñoz, which resolves the lawsuit against Article 17 of Law 42 of 1993 on the organization of the system of financial fiscal control, Case C-088 2000 where solidarity and liability when d is present overruns and irregularities in the recruitment stable. The judgment C-988 of 2006 in which the notion of referring to cases where the effect on the legal rights of public administration and the proper administration of justice, also the Judgment C-353 would address administrative morality be analyzed 2009 Magistrate Jorge Ivan Palacio which will be analyzed as the principle of morality Administrative allows the efficiency of public service. The second chapter will address changes in contract law regarding government procurement, and as a public servant or make use of this to commit acts of corruption, for it changes analyzed in six seasons, the first of which ranges from promulgation of the Constitution of 1986 and Decree 528 of 1964, the second reform Decree 528 of 1964 and jurisprudential development in Public Law at the third input of the Decree is analyzed - Law 150 In 1976, at the Fourth time was observed as this This period is integrated with the issuance of Law 19 of 1982, Decree 222 of 1983 and related decrees; Fifth time in issuing 80 The law and its consequences in the legal system; at the sixth time the issue is analyzing the law 1150 of 2007 and the changes it introduced reforms to the law 80 of 1993. In the third chapter, by a thorough analysis sought to show the changes of contract law in Colombia, starting from the general status of recruitment Law 80 of 1993 and Decree 1510 of 2013, with this content analysis the aim is to show that until today, public officials make use of constantly changing legislation and its interpretation to address the bidding process at the State procurement circumstance that shows clearly the lesser degree of transparency and morality in the process of selecting contractors and awarding Statewide Contracts.