Nulidad del contrato estatal por ausencia de determinación jurídica del principio de planeación en la etapa precontractual

Abstract

Currently in Colombia one of the most important activities of the state is public procurement in search of meeting the needs of society, as an essential purpose of the State. In this process of public contracting, the path proposed is extremely important under all the principles leading to a successful fulfillment of the determined object, but on different occasions. With this text we have studied, through the readings of the documents of the authors and the jurisprudence on the case in particular, the nature of the principle of the planning in the pre-contractual stage which the fight for an objective contracting and how to face the complication or failure in the execution of the project is present the nullity of the state contract, finding the principle of administrative autonomy and the principle of double instance in the contentious - administrative jurisdiction of these legal acts. It is described how the different principles are framed in the pre-contractual stage of the public contracting of a public function and in the performance of the management of society and the detriment of the public patrimony.