SciELO - Scientific Electronic Library Online

 
vol.13 issue1Digital multimodal writing, alternative communication ways and their influence on the learning process in basic primary school studentsThe political work of mayors: a look from Colombian law author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Article

Indicators

Related links

  • On index processCited by Google
  • Have no similar articlesSimilars in SciELO
  • On index processSimilars in Google

Share


Revista Lasallista de Investigación

Print version ISSN 1794-4449

Abstract

ALZATE ORTIZ, Juan Esteban  and  NANCLARES MARQUEZ, Juliana. The specific prohibition of voiding contracts in Popular Actions: a solution or a problem?. Rev. Lasallista Investig. [online]. 2016, vol.13, n.1, pp.188-204. ISSN 1794-4449.

In the development of the research Project named "Retos de la formación en contratación pública en Colombia: una aproximación desde la perspectiva institucional de la Universidad Autónoma Latinoamericana" (Challenges of education about public contracts in Colombia: an approach from the institutional vision of Universidad Autónoma Latinoamericana), the authors started with the following question: What characteristics must the formation offered to the specialists on public contracts have in order to respond to the challenges of the sector? Then, several problems of the public contracts in the Colombian legal framework were identified. One of them was precisely the prohibition brought by article 144 of the 1437 law, 2011, which forbids the voiding of state contracts and administrative acts in Popular Actions. This article aims to demonstrate that this normative position, supported by the Constitutional Court, goes against the development of this legal element in the administrative litigation jurisdiction. The research method used was legal-hermeneutical. Jurisprudence from the State Council and the Constitutional Court were used, plus the legal norms that regulate Popular Actions in the administrative litigation jurisdiction. The hypothesis proposed, which for the research team was fully demonstrated, is that the lawmaker reduced the strength and effectiveness of a legal process mechanism created by the 1991 Constitution.

Keywords : Public contracts; absolute nullity; Popular Actions; third interested parties.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License