Inhabilidades e incompatibilidades de los funcionarios públicos para contratar con el Estado

Abstract

Our research concerning the system of disqualifications and incompatibilities for public officials to contract with the state, it identified the need within the legal system Colombia, on sanctions on government procurement should be much stronger since the current have not been sufficiently persuasive to prevent officials sign contracts with abuse of power or without fulfilling the legal requirements for hiring. For this reason we propose in our proposals: changes in internal control of state agencies, leaving the process of living beings depending on external control; measures such as strengthening the quality management system, self-control procedures on recruitment, and thus avoid always having to generate improvement plans following the findings of a watchdog; change in hiring manuals state entities, introducing guidelines for the monitoring and control of the contracts at all stages, also perform the same update at least annually; regarding risks, each state agency must perform a risk analysis that may arise in contractual matters annually, for example, there are risks of corruption, lack of opportunity, the budget management, there are many risks that can foresee, but important is not to establish a map with a lot of risks, but what measures to prevent their occurrence are, as government contracting is a business that is on the market for goods, works and services in general, the state moves the economy, why everyone wants to contract with the State, so there are signs of recruitment, we have to let the market regulate the activity, and this is done knowing that market, that's part of the risk analysis.Thus we consider tougher penalties on those public officials or private individuals who manage public resources would be the mechanism for the protection of rights and public resources.