TY - JOUR
T1 - THE PRINCIPLE OF INTEGRITY AND THE FRAGMENTATION OF PUBLIC PROCUREMENT
AU - Aponte Ríos, Elvis Alexander
AU - Escobedo, Fernando
AU - Hernández, Ronald M.
AU - Clavijo-López, Rosa
AU - Calle-Ramírez, Xiomara M.
AU - Saavedra-López, Miguel A.
N1 - Publisher Copyright:
© 2023, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.
PY - 2023/4/1
Y1 - 2023/4/1
N2 - Objective: Through this work, a study on the integrity of the human being and the fractionation of public procurement has been carried out. Methods: As part of the study, the authors reviewed scientific works on the subject. Results: After analyzing the contracting law 30225, its regulations and other aspects that are part of the contractual procedure, certain factors have been determined that intervene in the actions of the agents in charge of public contracting, such as: i) normative disparity; ii) incapacity of those in charge of the selection processes; and iii) acts of corruption, which put at risk the denaturalization of the norms, generating the splitting of a contract. Conclusions: The splitting of a contracting procedure corresponds more to a subjective decision where the official or servant in charge of the contracting process has the power to discern the good from the bad. The bad decision that entails an illicit conduct will generate liability.
AB - Objective: Through this work, a study on the integrity of the human being and the fractionation of public procurement has been carried out. Methods: As part of the study, the authors reviewed scientific works on the subject. Results: After analyzing the contracting law 30225, its regulations and other aspects that are part of the contractual procedure, certain factors have been determined that intervene in the actions of the agents in charge of public contracting, such as: i) normative disparity; ii) incapacity of those in charge of the selection processes; and iii) acts of corruption, which put at risk the denaturalization of the norms, generating the splitting of a contract. Conclusions: The splitting of a contracting procedure corresponds more to a subjective decision where the official or servant in charge of the contracting process has the power to discern the good from the bad. The bad decision that entails an illicit conduct will generate liability.
KW - ethics
KW - fractionation
KW - integrity and accountability
KW - Public procurement
UR - http://www.scopus.com/inward/record.url?scp=85162902941&partnerID=8YFLogxK
U2 - 10.26668/revistajur.2316-753X.v2i74.6373
DO - 10.26668/revistajur.2316-753X.v2i74.6373
M3 - Article
AN - SCOPUS:85162902941
SN - 2316-753X
VL - 2
JO - Revista Juridica
JF - Revista Juridica
IS - 74
M1 - e-6373
ER -