Análisis Jurisprudencial y Legal de la Procedencia de la Acción Popular para Declarar la Nulidad de Contratos Estatales Cuando Vulneren Derechos e Intereses Colectivos.

Abstract

Law 1437 of 2011 marked a before and after regarding popular actions and state contracts. Article 144 of the aforementioned law, in its second paragraph, expressly prohibited the annulment of the act or contract demanded, through popular action, by the Judge of the Administrative Contentious Jurisdiction. In this understanding, it is necessary to refer to the different jurisprudential positions of the State Council on the provenance or inadmissibility of popular action as a mechanism for the declaration of absolute nullity of the state contract, when in its celebration, execution or defective execution, rights are threatened or violated. collective and collective interests, on the understanding that popular actions constitute an instrument of constitutional rank to control the actions of the Administration. It will be seen with this analysis that the legislator included in the regulation of popular actions a restrictive provision in its functionality with the issuance of the Code of Administrative Procedure and Administrative Litigation, which in its article 144 settled the discussion on the possibility that the judge annuls state contracts in popular seat. This legal situation would be subject to control by the Constitutional Court in judgment C-644-11, which declared that Article 144 of Law 1437 of 2011 was exempt. Comments are made regarding this pronouncement and whether it necessarily leads to ignorance. of the scope that the 1991 constituent granted to collective rights and interests, as well as to the judicial means established for the protection of these rights in article 88 of the Political Constitution, as well as the prevalence of the general interest over the particular consecrated in the constitutional article 1.