El Principio de Transparencia en el Contrato de Obra: sus Fortalezas y Debilidades.

Abstract

Corruption has permeated society since always, the principle of Transparency is presented as an opportunity for social control of this scourge; however, the problem that arises in this article is related to: What strengths and weaknesses does the principle of Transparency in the State Work Contract show? Since the mandatory implementation of the principle of Transparency, the corrupt practices of some state officials and contractors have been greatly hampered; thus, it can be concluded that this principle has had a high percentage in reducing corruption in Colombia. Among the objectives of this article are: Identify the legal nature of the principle of transparency, describe this principle in light of the work contract, as well as identify its strengths and weaknesses. The main strength of this Principle is related to its effectiveness in controlling corruption in the contractual processes carried out by state entities and as its main weakness it is found in the procedural gaps in state contractual processes. For this article, the analytical-deductive methodology is used, through which an analysis is made mainly of LAW 80 OF 1993, as well as documents, books, jurisprudential and doctrinal journals that are developed in the academic world and in the exercise of administrative action, to later deduce those strengths and weaknesses that the application of the principle of transparency in the work contract possesses.