El detrimento al patrimonio público como falta disciplinaria gravísima

Abstract

In accordance with the principle of legality, only could be investigated and sanctioned, who incur in behaviors that are described as lacking in the law in force at the time of its realization. When the contractual activity is concerned, the multiplicity of possible behaviors, agents and variables in the management of the contract, justification of the consecration of the faults, under the open rate system, which is characterized by lack of precision of the type, and it should be complemented by references to other legal and / or regulatory. In order to integrate the type and configure the fault under examination (article 48-31 Law 734 of 2002), this study will identify, separate and analyze the descriptive assumptions of the lack, in the different stages of contract activity, with special emphasis in the detriment to the state patrimony, with the necessary determination of the norms that establish functional duties with respect to the ordination and the administration of the resources or public funds. To the above I will add the particular study of relevant elements and behaviors, which in the development of each of the stages, may generate injury or impairment of public property, examination that will provide an experiential contribution to the contractual and disciplinary legal operator.