Limits on the exercise of public functions in contractual matters

Abstract

The article seeks to establish whether there is a limit, either legal or otherwise, regulating the actions and accountability of public officials in Colombia, as well as determine its responsibility by omission, overreaching in the exercise of their functions or “bad practices”, understood as wrong actions that overlook the principle of good faith and the common good, making their exercise prone to corruption, especially in the specific field of administrative contracting. The current Colombian law provides that State officials must answer for the damage caused in the performance of his duties because of the position they play (Article 51 of Law 80 of 1993). In the same sense, doctrine develops some personal, fiscal, monetary and political limits; however, these estimates are omitted so that several public officials act contrary to the law, with few cases investigated and punished.