Desnaturalización de los contratos de prestación de servicios entre particulares y el Estado colombiano en el período (2008-2018)

Abstract

The Public Administration defined, as the set of organs destined to the fulfillment of the functions of the state apparatus, through the generation of spaces that allow the community to enjoy rights and opportunities, needs the formation of a structure of officials that are dedicated to administer, direct and execute the essential activities to achieve the goals of the State. This is how the State has seen the need to configure and define the mechanisms, procedures, functions, positions and statutes that tend to carry out its tasks and allow it to achieve its goals, in addition to incorporating personnel from the higher qualities and specialties that are capable of achieving a correct, coherent and effective state operation. The positions that are of professionals, technicians and assistants that allow to fulfill specific tasks that complement the activities of the object of the State Entities are linked through the Contract of Provision of Professional Services and Management Support. Even so, the essence of this type of contract has been misused, especially in the decade between 2008 and 2018, in many cases in which the judges must have failed to determine the circumstances in which it should be used and sought safeguard the rights of both contractors and the Entities involved.