La Comisión de Moralización y el SINACOF - la Indebida Contratación Estatal Frente al Principio de Legalidad – Caso de Estudio: Municipio de Duitama (Boyacá).

Abstract

Speaking today in front of the state contracting, is a missive against which a paradigm of uncertainty is outlined since the existing legislation on the subject is very extensive, coupled with the constant change of position on the issue by the council of State. Therefore, to generate identity of criterion against what is established by the legislator, in line with existing jurisprudential precedent, is a paradigm in the practice of state procurement, which opens up the possibility of bad practices by state institutions, public officials and contractors exercising public function; much more when talking about the principle of legality. The state presents an absolute contradiction, when it is allowed to postulate a Welfare State that favors citizens, but in the practice it allows many places of corruption and improper hiring, against which it develops very smooth control tasks that do not reflect precise results. The principle of legality is not fulfilled when seeking to attack public corruption.