La Compra Pública Como Herramienta de Gestión Pública: una Nueva Perspectiva Desde el Derecho Económico

Abstract

This paper presents an analysis of state contracting as a public management tool, from different perspectives of economic law. Thus, in the first chapter the legal philosophy of the state contract is studied, from distributive and commutative justice, to determine which of them is applied to a greater extent, and which guides the philosophy of public contractual activity, in order to establish whether concepts of these two kinds of justice are related to the economy, to determine if the state contract can find a good grip on economic law and thus understand it as a means and not as an end, which will allow for better decisions, not only in as to the satisfaction of the general interest, but also, as to the very performance of the State. In the second one, a retrospective of the public management in the state contracting is carried out, in the third one the constitutional nature and the principle of legality are analyzed as enablers of the administrative law and in the fourth chapter the market model in the contractual management is studied.

The work is based on the principles that govern the social state of law that prevails under the 1991 Constitution, and studies how these principles are developed by the legislature and subsequently regulated by the executive branch.

Because they are different perspectives to focus on the subject, chapters 2, 3 and 4 present independent conclusions on the topics developed in each of them, which are addressed both from the analysis of legislation and jurisprudence, as well as doctrine. He has analyzed them.