El impacto de la acción de tutela en la forma de selección de contratistas en el estatuto general de contratación de la administración pública – estudio de caso

Abstract

The action of protection is undoubtedly one of the most representative figures of the 1991 political constitution, it is commonly used for the protection of fundamental rights such as health when it is endangered by some public authority. It has been sufficiently studied in different areas of law, and on this occasion we will study it in the area of the general statute of contracts in Colombia, specifically on its impact on the form of contractor selection. The document begins in the first chapter with an important description of two cases decided by actions of protection, on which we will develop a structure in which it describes the legal nature of the entity being acted upon. Analyzes, the way to select contractors by entities subject to the statute generate of public contracting and the solemnity of state contracts. In the second chapter we will deal with the action of protection, the fundamental right to health, the compliance with the judgment of protection, as well as the constitutional status and protection of fundamental rights, the role of the constitutional judge and the importance of the substantive law. A third chapter will describe Action In Rem Verso as a judicial mechanism that prevents enrichment, as well as describe the Facts Fulfilled in Health. And we will finish with the study of the nullity and non-existence of contracts for legal security. In order to approach our topic of study we will develop a qualitative investigation based on the study of cases that define the structure that we want to describe, with references in private and public law and national jurisprudence