Sistemas procesales y tratamiento procesal de la colusión : análisis desde el ámbito penal y administrativo

Abstract

Since the detection of collusion, as a behavior that affected the healthy development of an economy, in which the right to free competition was prioritized and specifically in the field of state contracting, the branches of public power have provided the search for legislative strategies and public policies in search of their control and prevention; from there, it became the search for sanctions that initially took place with the adoption from the sanctioning administrative sphere and later with the implementation of the anti-corruption statute and its creation of the criminal type on this phenomenon called restrictive agreements of competences. All these initiatives, come or have their starting point in the intention of Colombia to enter the OCDE, therefore, in its multiple recommendations such strategies have been adopted. According to the foreign experiences of the first Colombo-Brazilian international congress, around the criminal treatment of corruption and common crimes, of the Santo Tomas Sectional Tunja University and the Pontifical Catholic University of Rio de Janeiro, it is intended to take a tour and recognition of the procedural treatment that occurs in the two states from the administrative and criminal sanctioning scope.