Descripción del flagelo de la corrupción en la contratación pública en Colombia

Abstract

Corruption in state contracting has its origin in one of its manifestations such as bribery, influence management and personal benefit over and above the general benefit. The scourge of corruption is submerged in the different state functions. The areas where the denaturalization of public office is most evident are in planning, budgets, human management, the administration of physical resources and fiscal control. One of the main sources of corruption is public procurement, bearing in mind that a large part of the resources that are in charge of public entities for their investment, are committed to the contracting of goods and services. Regarding the main factors of corruption that occur, we can point out, among others: the imbalance of the market; absence or exaggeration of regulation norms; unjustified presence of the State and distrust of society in the way in which illicit actions are penalized, among others. In relation to the regulation of the subject, it is in Law 1474 of 2011, regulated by National Decree 734 of 2012, in which rules are issued aimed at strengthening the mechanisms of prevention, investigation and punishment of acts of corruption and the effectiveness of the control of public management