La tercerización para la contratación pública de artistas

Abstract

The objective of this document is to analyze outsourcing as an instrument for public contracting of artists based on the case of artists. It includes a study framed in the historical-hermeneutic paradigm, the qualitative approach and legal research. In order to achieve the objective, the constitutional and legal normative framework, the jurisprudence and the last decrees issued by the executive are explored, which are related to article 355 of the Political Charter that allows the contracting in the public sector of entities without profit. The results show that associative and cooperative forms are not prohibited in Colombian law, but have been strongly criticized in the reports and studies, leading to the establishment of specific limits in order to avoid the violation of rights working conditions. It is also concluded that the characteristics of these figures facilitate the integration and organization of artists providing opportunities for their participation in the public sector.