Abstract

SARMIENTO-ERAZO, JUAN PABLO. The Penal System as Incentive to Criminality in Public Procurement: An Approach from the Economic Analysis of the Law Applied to Implicit Markets. Estud. Socio-Juríd [online]. 2021, vol.23, n.2, pp.159-185.  Epub July 17, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.8858.

This article argues that the penal and penitentiary system contains a set of incentives and disincentives that could be stimulating corruption in public procurement, along with a set of legal and material alternatives that make the sanction more flexible. Using the "contracting cartel" as a case study, and applying the inputs proposed by the economic analysis of the law applied to implicit markets, a conditional matrix will be constructed that could explain why the public procurement market is commonplace and conducive to the expansion and continuity of corruption and illegal appropriation of public resources.

Keywords : Economic analysis of the law applied to implicit markets; utility of the crime; compliance cost; incentives to criminality in the law.

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