Las Asociaciones Público Privadas (APP) como modelo de contratación en Colombia: un análisis crítico de su desarrollo normativo e implementación.

Abstract

Public private associations find their genesis in an administrative deficiency in the provision of public services, initially in infrastructure, that is the importance of a model supported by private Enterprise with a social commitment component that does not neglect profit, and that in someway is placed to service of the common good in search of a constant development of the societies. But the administrative deficiency is not attributable to the whole State, because the growth of the sectors of the economy added to the need to provide infrastructure implies that this type of contracting where, thanks to a simple equation made by the State that says that bigger needs require bigger, public and private interests concur, is used, all this causes the State burden to be relieved by privated capital. Thus, we appeal to a historical vision of comparative law and how this model becomes the outstanding development alternative in which public and privates efforts are linked to achieve social impact purposes because such alliance pursues profit for itself and for social welfare, without quarreling with each other; breaking the belief that each public investment seeks a laudable end and each private initiative pursues a selfish end. This panorama corresponds to a process of error and learning in which a passive State in front of the generation of dividends, is limited to allocate resources for different works without accompanying a vision of autonomy and sustainability, contrary to the exercise of the private company, which seeks to achieve the optimization and production of more capital. To reach an understanding of the current state of public-private alliance, a normative, doctrinal and experiential background is presented with the purpose of present a document that reflects such reality and that faces legal progress versus the evolution of this figure, to define normative mutations against the evolution of this figure and the possible alternatives to overcome such an imbalance between norm and reality, as well as the experiences of success and failure to adjust the future of PPA.