La subcontratación en el contrato de obra, ¿una figura violatoria del principio de selección objetiva?

Abstract

In developing this research seeks to demonstrate that through the application of the figure of subcon-tracting in construction contracts awarded by state entities in Colombia can transgress the principle of objective selection applied to the entire management of the contracting activity administration. Basically the arguments supporting this approach are limited to: I) the absence of regulation of this figure in the current legal system, which covers the law 80 of 1993, Law 1150 of 2007, Decree 1082 of 2015 and other rules applicable to the contracting state, and II) the existence of a flexible both in the State Council focus and specialized around literature in particular, by which the autonomy and independence of this type of link and the inability of the contracting entity to participate in the selection of subcontractors is proclaimed.