El retén social: una política de estado o una política de gobierno en el programa de renovación de la administración pública de la ley 790 de 2002 en Colombia

Abstract

Modernization in Colombia, have been developed as goverment politic that reorganize institutions and functions, to adjust their structures to the needs but because they came bursting Neoliberalism in Latin America and Colombian while the new Constitution 1991, raised tensions between the model of rule of law, base don efficiency and respect for human rights to prívate interests seeking to develop a globalized free Trade and in which both nations states, as leaders and legislators were fragile.Privatization of the Renewal Program of Public Administration (Laws 790/02 and 813/03), not due to structural adjustmente in accordance with domestic requirements, which woulb be expected adjusted with a constitution as progressive as that is, ―but to adapt to globla market needs. The organizational structure of the Colombian State does not seek the fulfillment on the Mandete for Higher but adapted to the programo d budget cuts that reduced his size. The Constitutional jurisprudence (Case Law) justifed the economistic approach in the restructuring and modernization although progress in the affirmative or positive action, of which called the Social Checkpoints was only one of them.