Desnaturalización del régimen especial de las empresas de servicios públicos domiciliarios mixtas

Abstract

Currently, and in accordance with the Liberalization guidelines established by the Constituent of 1991, our country has a model for the provision of public utilities structured on the basis of Free Market and Free Competition postulates. The application of this model has implied that since 1994, after the issuance of Law 142, the companies providing domestic public utilities are subject to a completely special regime, regardless of whether or not they have state participation in their capital. However, the special character that the legislator wanted to give to the acts and contracts entered into by the Public Utilities Companies in which the State has some percentage of participation in their capital, for different reasons, has been blurred and, in different areas, these companies have been treated as public entities subject to the common regime.

With this brief context in mind, this research focuses on analyzing the undeniable distortion of the special legal regime foreseen for mixed Public Utilities Companies when applying the Special Contribution of Law 1106 of 2006 to the work contracts entered into by these companies, since its application goes against the constitutional and legal foundations of Free Competition and leaves this type of companies in a condition of inequality compared to private Public Utilities Companies.