La Urgencia Manifiesta y la Continuidad del Servicio de Transporte: Análisis del Caso de la Transversal del Cusiana a partir de la Resolución 3089 de 2024

Abstract

State contracting is a determining factor in the daily life of Colombian society. Through this mechanism, the State materializes its constitutional purposes and guarantees the provision of indispensable services closely related to fundamental human rights. Public procurement has mutated into different figures to adapt to the evolution of contracting with the State, among the most relevant are direct contracting, which in turn can be represented through the manifest urgency. This figure, implemented in situations of social or environmental emergency, has been widely used and questioned in the country for being prone to corruption. This study, through a qualitative-explanatory methodology, analyzes Resolution 3089 of 2024 issued by INVIAS, which declared the manifest urgency in the Transversal del Casiano, one of the most socioeconomically relevant road sections in the country and, at the same time, one of the most environmentally challenging. Through the study it was determined that the declaration of manifest urgency has not been enough to guarantee the continuity of the transportation service in the Transversal del Cusiana, since after months the partial closures of the road have persisted, thus preventing its full operability and the materialization of the constitutional purposes of direct contracting.