“El arrendamiento de bienes de uso público, donde la entidad estatal actúa como arrendadora” línea jurisprudencial 1991-2016

Abstract

Within public law, there are some irregular practices which have been known, especially concerning the way in which governmental entities do juridical business involving goods and assets of public use, which are given in rent or assigned to a particular exclusively. That is why this matter has been taken as a starting point with the aim of developing the current research. These things do not seem to matter to Colombian society although these seem to be more common and repetitive day by day, without being precise and fit to legal ruling which appear ambiguous even in outcomes found for Alto Tribunal Administrativo in its different sections without reaching a standard which allow to set up a clear judicial precedent. Doing a jurisprudential and legal analysis about which would be the right procedure to be followed when a public entity pretends to rent or deliver goods or assets of public use to particular people. This proposed aims to come out with a possible solution which heads this judicial issue, seeking to promote critical thinking and researching lines in order to help solving judicial problems or issues.