Artículo de investigación el derecho administrativo sancionador contractual, reflexiones desde el escenario probatorio.

Abstract

This research article is an analysis that seeks to make a criticism from the evolution and development of the contractual Sanctioning Administrative Procedure stipulated in article 86 of Law 1474 of 2011, because of this, it is sought to establish that a series of particular situations under which a criticism of the procedure and the possible violation of the fundamental rights of the contractor is generated. Throughout history, the Sanctioning Power of the State has evolved, laying its foundations in the "IUS PUNIENDI" mainly in criminal law, in turn and over time in administrative law, until reaching the coercive law of the condition. The contractual Sanctioning Administrative Procedure arose in the Colombian state as an auxiliary instrument, fulfilling the purposes of the Social State of Law, the constitutional postulates and the contractual obligations carried by the parties. In addition, it emerges as a tool created to guarantee the state's fight against corruption, seeking to declare fines, sanctions and declarations of non-compliance.