The purpose of this paper is to analyze the normative and jurisprudential treatment of the reality contract theory in the public sector in Colombia, seeking to establish the scope and effects of its recognition, as well as the tools that honor it, which is sufficient to prevent the disproportionate and accommodated contractual practice. The study shows the employment contract in compliance with the legal mandates from the perspective of public law, which presents characteristic elements that distinguish it from other contractual forms, generating different obligations for the contracting party, despite the fact that in many events both agreements of wills involve similar objects.