Estudio de Constitucionalidad del Modelo Neoliberal del Régimen de los Servicios Públicos en Colombia

Abstract

The purpose of this research article is to carry out a constitutionality analysis through the jurisprudential and doctrinal framework of public services in Colombia. The methodology used was a qualitative analysis, making a bibliographic review of the jurisprudential and doctrinal framework of public services in Colombia, thus managing to understand and legally interpret the parallelism between the neoliberal economic model and the provision of public services as a subsequent purpose of the state. ; For this, databases such as: Dialnet and Scopus were used, in order to obtain the theoretical elements of the present investigation. Among the conclusions, it was found that the Political Constitution of Colombia in its second article, enshrines the essential purposes of the state; as service to the community, guarantee the fundamental principles to all citizens through the provision of public services and consequently article 334 of the Constitution argues that; When State intervention is sought within the framework of public services, it is guided by the rationalization of the economy with a view to the general welfare, directed towards the purpose of achieving a quality of life for its inhabitants through the equitable distribution of opportunities, tending to satisfy the needs and the general interest on a regular and continuous basis. Therefore, when confronting the norm with the current reality, it is observed that there is a disagreement between what is expressed by the primary legislator and the execution of public policies; For this reason, issues such as coverage and quality are aspects to be taken into account in order to satisfy the common interest in a consistent manner.