La vulneración del principio de transparencia y el tratamiento legal del Contrato Estatal sin el cumplimiento de requisitos legales

Abstract

This article addresses the importance of transparency in state procurement in Colombia, highlighting its crucial role in preventing acts of corruption and promoting competition. This transparency, enshrined in the Constitution and Law 80 of 1993, seeks to ensure that recruitment processes are open, public, and equitable, thus hindering corruption and the improper benefit of public officials or contractors. However, the offence of contract without compliance with legal requirements, referred to in article 410 of the Criminal Code, represents a violation of this principle, hindering the development of transparent proceedings. Therefore, it is proposed to analyze this problem from a legal and socio-legal perspective, recognizing the need to understand both the legal implications and the underlying causes of the violation of transparency in state procurement. A wide range of relevant authors and studies, such as Moreno and Reay (2022), Inocencio (2009), Rico (2015), Barreto (2016), García (2019), and Pérez (2020), are used to support this analysis.

The objectives of the investigation focus on defining the concept of transparency, identifying the crime of hiring without compliance with legal requirements, establishing the relationship between the violation of transparency and this crime, and propose concrete actions to improve the prevention of this crime in line with the principle of transparency. A methodological approach combining normative, jurisprudential, and doctrinal analysis is also proposed to address the complexity of the problem. The result of the investigation should include the magnitude of the problem of violation of the principle of transparency in State procurement in Colombia and propose effective solutions that strengthen integrity and transparency in these processes.