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.

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