Análisis de la aplicación del principio constitucional del debido proceso en los procesos por posible incumplimiento contractual en Colombia, en el marco de la ley 1474 de 2011

Abstract

When look at the sancionatory faculty of the Public Administration has, apparently, it could be falling into a possible violation of Due Process, Law, constitutionally contemplated in article 26 of the Political Charter. Although it should be recognized that in most procedural systems there is a preferential treatment respect to the parties that act within the process, despite the differentiations, it should be guarantee a minimum of protocols that at the same time guarantee the terms to solve request, queries, and resources and possess. And the establishment of terms that do not lead to unjustified or unexplained delays, which affect the intervenors. These deficiencies have been found in the legal system that regulates the administrative process for possible contractual breach, because no exist a duly structured and guaranteed procedure for the contractor, which responds to the constitutional requirements. The present investigation is aimed precisely at reviewing whether the procedure proposed in article 86 of Law 1474 of 2011 really conforms to the Fundamental Law of Due Process. The purpose of verifying if there is an effective procedure of control of the Administration in the country regarding the execution of state contracts contributes to the objective of the Administration, with respect to protecting the public interest from the harmful effects of defaults, it is mandatory that contractors have comprehensive procedural guarantees.