Relevancia del Principio de Planeación en la Contratación Estatal, en Aras de Mitigar la Corrupción

Abstract

The principle of planning in state contracting is not a new concept that has been incorporated with the issuance of Law 80 of 1993. Already since Decree Law 222 of 1983 required the prior elaboration of plans, projects and budgets and the determination of the specifications necessary for the execution of a specific work. Thus, the development of this principle has been tackled by the State Council repeatedly to expose the importance and relevance of it, not only in the pre-contractual stage of the legal business, but also the conclusion, execution and liquidation of the contract, and that the acts or omissions that are made in the previous moments of the contract, will necessarily have an impact on the results and satisfaction of the contract in the following stages. Then, the planning principle in state contracting must be understood at the head of the public servants who have within their functions those of processing, executing and / or liquidating state contracts, these are responsible for their actions or omissions even criminally. There have been few cases in which, unfortunately, corruption in contracting processes has prevented the achievement of the principles that direct public service, which are the prevalence of the general interest, service to the general community and the effectiveness of the rights interests of the administered.