El contrato estatal colombiano frente al proceso de privatización, visto desde el modelo de inversión privada en las asociaciones público-privadas (APP)*.

Abstract

The globalization process developed in the 20th century, after World War II, it expanded in different fields such as political, social, economic and cultural, whose structure was permeated by capitalist thought, in its neoliberal aspect. This movement was characterized by imposing the ideals of liberal democracy, i.e., privatization of the public sector, reduction of state interference and market freedom, in the government plans of several states, including Colombia. The repercussions of these lines of action were not long in coming and led, among other things, to the privatization of many state-owned companies in areas that were off-limits to private interests. Thus, this article seeks to analyze how the field of Colombian public procurement can be seen as a scenario of interference of private interests, mediated by the figure of the private investment model, through Public Private Partnerships (PPPs). In order to fulfill this purpose, a descriptive legal research methodology is used, by means of a bibliographic analysis of legislation, jurisprudence and doctrine. The results obtained indicate that the PPP model it not constituted within the framework of public contracting but through a modality of private economic financing that seeks to supply the State when it does not have the means to develop large investment projects.