Uso y abuso de la figura de contratación directa para prestación de servicios profesionales en Colombia. Análisis de casos 2018-2022.

Use and Abuse of Direct Contracting for the Provision of Professional Services in Colombia. Analysis of Cases 2018-2022

Abstract

It has always been believed that under the premise of article 125 of the Colombian Constitution, the principle of merit is the one that should prevail when granting public benefits in Colombia. However, public entities use and abuse the famous figure of literal h, numeral 4, article 2 of Law 1150. This investigation will have as its purpose the contract for the provision of professional services, which deals with an obligation to do. The autonomy and independence of the contractor from the technical and scientific point of view constitutes the essential element of this contract; The validity of the contract is temporary and, therefore, its duration must be for a limited time and the essential time to execute the agreed contractual object. But this is not reality. The state resorts to this figure to link plant personnel or to grant the benefits of a contract of these in order to “pay favours”.