Análisis normativo, jurisprudencial y doctrinal del contrato de fiducia pública en Colombia 1991-2016

Abstract

This research is framed within the current debate that is done to the State Contract of Public Fiducia, as an exceptional form of public procurement, with respect to the benefits generated for the fulfillment of the goals of the State, legal, jurisprudential and doctrinal conceptualization. First a conceptual approach to the concept of Public Fiducia, its development and evolution will be made, then define what should be understood in terms of this particular type of contract from the various doctrinal judgments that have been generated around this matter. In pursuit of arguments as to this research, then we discuss in detail the regulatory framework of the Public Fiducia system, whose main source Law 80 of 1993, also briefly explaining its historical evolution in Colombia. Below we will make exposure methodological framework that guided the realization of this research article epistemologically placing research in the context of qualitative research tradition, with a focus from the documentary, interpretative and hermeneutic. Finally, we come upon an approach to normative concept of Public Fiducia, from the various doctrinal and jurisprudential versions. To finally carry out the analysis of its key elements.