Responsabilidad Disciplinaria por Vulneración al Deber de Selección Objetiva en la Contratación Estatal en Colombia.

Abstract

The duty of objective selection enshrined in our legal system is of a fundamental nature to guarantee legitimate and transparent state contracting. Unfortunately, this criterion is undermined due to the fraudulent behavior of both public servants and individuals who exercise public function, these behaviors are characterized by the improper use of public resources and the favoring of private interests to the detriment of the general interest. For this reason, the disciplinary regime is an essential tool in the fight against corruption in state contracting in Colombia, since it allows guaranteeing integrity and compliance with fundamental principles, promoting ethical and transparent public management, through the imposition of sanctions to those investigated that substantially affect the functional duty. From this perspective, it is necessary to determine the disciplinary responsibility for the violation of the duty of objective selection in state contracting, for which a normative and jurisprudential analysis of the duty of objective selection will be carried out, the problems of corruption in contracting will be identified. state through the study of emblematic cases, and finally, the disciplinary responsibility will be determined from the factual legal imputation of the cases reviewed.