El contrato realidad en la adminsitración pública

Abstract

The hiring of personnel in public entities through service provision contracts must entail detailed, careful, and thorough management to prevent the formation of hidden employment relationships. Therefore, this article aims to provide a brief and applied review of the actual contract, providing public entities with legal guidelines that will allow them to avoid risks in the contracting process, administrative claims, and lawsuits arising from the actual contract.

Once the problems generated by the reality contract in all public entities have been identified, it is essential to create, through this document, a useful tool that allows to have a general perspective of the same reality contract phenomenon, reviewing from the claims that are requested in the Nullity and restoration of rights claims in the first instance, the claims that not only imply a significant patrimonial detriment, but also directly affect the fundamental rights of workers, the constitutional principles of legality and transparency and the institutional image of each entity.

The conceptual framework of key legal terms will be studied so that public entities can learn to define the use of each type of contract, correcting internal contractual processes at the preventive and planning levels, and ensuring the proper execution of service provision contracts in fulfilling the obligations set forth therein, within the framework of the transitional institutional activities of each public entity.

Likewise, specific recommendations will be outlined, which public entities should consider to correct actions in various scenarios that may arise during the development of administrative claims and the process of nullity and restoration of rights. In jurisprudential terms, the legal criteria that high courts have favored in their decisions regarding this issue: contract reality.