¿Contrato de Prestación de Servicios, Abuso u Oportunidad en el Sector Público?

Abstract

Service Provision Contracts have become the most common contractual modality in the public sector, through which people are hired for specific tasks that are part of the mission of each Entity, this is because the personnel plants do not They have sufficient personnel to meet their operating needs, causing the imperative to resort to a contracting modality that is provided for in the Law for occasional situations. In the same way, the guarantees that the State offers to independent professionals through this type of contract gives the opportunity to evade pecuniary obligations for a time, but they are not analyzed from the perspective of the illegal damage caused by their continued employment. same. It should be noted that the State bears the responsibility of guaranteeing that State Entities comply with what is regulated by the Law. The objective of this article is based on exposing a mechanism that, according to the Law, should be applied within the public sector, identifying the benefit and /or abuse, proposing a contractual model strategy that benefits the parties involved. In conclusion, it is noted that there are not enough economic resources to meet the needs of the Entities, causing an economic imbalance, and the violation of the principles and rules that regulate the framework of the Service Provision Contracts in the public sphere, that is, an inevitable illegal damage.