La contratación directa una modalidad que garantiza la celeridad y eficacia de los procesos contractuales o un medio para promover la corrupción en la administración pública

Abstract

This academic reflection has focused on analyzing whether the regulations on state contracting currently guarantee the application of the principles of transparency, speed and efficiency in the conclusion of contracts, where the protection, evaluation and monitoring of control entities they are scarce and not very effective; analysis seen from the application and use of the direct contracting selection modality, known as a tool used for the acquisition of goods, works and services in Colombia.

The main analysis of this research focuses on determining whether in a Social State of Law such as Colombia, which despite having a fairly broad regulation on public procurement, has managed to avoid corruption in contractual processes where resources are managed. of the State; taking into account that the direct contracting modality is the most used in the Entities and companies of the public sector, since according to the management report published in 2019 by the Attorney General's Office, more than 70% of the contracting is It has been carried out by direct means, that is, without the mediation of a public call or tender. Initially we focused on describing the generalities of direct contracting, the background and constitutional and legal foundations that have allowed this contracting modality to be developed as an exception to the rule, which has become the most used modality, being this the one that most It lends itself to interpretations, and it has an extensive number of reasons for hiring in this way, such as hiring due to manifest urgency; It is a coincidence that is currently widely used despite the fact that the regulatory procedures are confusing or equivocal, which prevent the general public from carrying out an adequate function of surveillance and control over the way in which public resources are executed.