La contratación con el estado: Un fortín de corrupción en Colombia

Abstract

Abstract Corruption is one of the most pressing problems affecting Colombia and many countries around the world. It is a force that undermines democracy, delegitimizes the role of the State, and poses a constant threat to institutions and to the economic development of society. From this perspective, the present study aims to provide a multidisciplinary and comprehensive reflection on corruption in public administration and public procurement. It also addresses the responsibility of those individuals linked to the State who have allowed this problem to permeate institutions at the national and territorial levels, hindering progress and investment while fostering environments of bribery and clientelism, which ultimately prevent the establishment of a competitive and proactive system. Public procurement in Colombia is governed by an extensive body of regulations aimed at improving the efficiency of the contracting system in pursuit of the general interests of society and public administration. However, this legal framework is characterized by instability, which generates legal uncertainty for stakeholders who need to engage in contractual relationships with public entities in a clear and transparent manner. In the fight against corruption, it is not sufficient to rely solely on mechanisms, controls, or the intervention of a single institution. This scourge is a powerful and deeply entrenched problem embedded in the country’s history—a structural issue that Colombia has faced for decades. To mitigate or overcome it, a comprehensive approach is required, one that not only focuses on prevention but also on detection and punishment of those responsible, as well as on strengthening the legal framework, promoting transparency, and encouraging active citizen participation. In this regard, the Colombian State carries out contractual activities that must be safeguarded in accordance with constitutional and legal principles, ensuring the protection of public interests and the primacy of transparency in procurement processes. These activities should be conducted equitably and efficiently, under the oversight of control agencies, in order to combat this scourge which, without a doubt, hinders economic growth, contributes to poverty, and negatively affects the country’s development, growth, and competitiveness. A crucial role in this struggle is played by the oversight of public administration, ensuring that its functions are carried out within the parameters of effectiveness and efficiency. Equally important is social oversight, which must be exercised as a form of self-regulation in which the State and civil society collaborate to uphold shared principles. Ultimately, if the goal is to combat this scourge, coordinated efforts between the State and society are essential to progressively eradicate this problem.