La interpretación del delito de celebración de contratos sin el cumplimiento de los requisitos de ley desde el principio del fraus legis facta

Abstract

What incidence does the application of the Fraus Legis Facta principle have in determining the illegality of the crime of "Contracts without Compliance with Legal Requirements"? In the work, the effect of the application of the principle of Fraus Legis Fracta in relation to the crime of "Contracts without Compliance with Legal Requirements" is considered, as a reference to identify the affectation of the legally protected good of the public administration. An axiological interpretive approach is described that aims to highlight the institutional finalism from the integral normative analysis, criticizing the contractual valuation from a properly normative model. The difference that may exist in the evaluative exercise from the two perspectives is presented. Its development was presented as a dogmatic legal research of a qualitative nature and from a deductive approach. Its foundation, a normative epistemological model within the legal theoretical scheme of Law as Integrity, verifying the problematic hypotheses and proposing an approach that points to solutions in accordance with the state needs that are translated from the specific follow-up of the political guidelines, of the principles and of the rules that govern stadiums within the Institute of State Contracting.