La responsabilidad disciplinaria motivada en el desconocimiento de los principios que rigen la actividad contractual del estado

Abstract

The legal recognition of a very serious disciplinary offence, matter of observation through an open type system, is characterized by the inadequacy of the exact typology. Because of this, it does not describe in a detailed manner the assumptions of fact which make part of it. The open type although is constitutionally admissible, demands a strict study and an evaluation of the regulations that by reference complement the type. In order to stablish the kind of the investigated conduct. Then, the present investigation comprises an exercise of analysis, through the distinction, separation and study of the elements that compose the lack, with particular attention to the principles governing contractual activity (transparency, economy and responsibility), which will lead us in their lead us in its examination, to identify and determine, the norms that contain functional duties, develop and specify them, as efficient complements that will allow to specify the type, and with this to configure the typicity of the lack. The study will also contemplate the identification and analysis of certain particular behaviors that do not know the principles in question, configuring the lack from the practical and that should therefore be object of disciplinary reproach, an exercise that, by providing new experiential elements, will enrich the management of the disciplinary operator and give greater legal certainty to the investigated.