Facultad de Derecho y Ciencias Sociales

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Subject: search.filters.subject.La Corrupción

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    Los procesos de selección en las contrataciones con el Estado.
    (Universidad Privada De Trujillo, 2019)
    Chunga Palacios, Walter Fidel
    ;
    Ponce Rojas, Karin Julissa
    In this investigation, the selection process of public construction works was taken as a problematic situation, which taking into account the amount, and the contractor, often offer a different regulatory legal framework, which confuses the participants, and if this is the case we add the much bureaucracy due precisely to the variety of these processes, we would come an even bigger problem, THE CORRUPTION. In this way and, as always, taking advantage of his thesis we could propose the creation of solutions, including the automation of these procedures. In this sense, the following statement was prepared: In what way does the lack of uniform legal regulation in the selection processes in contracting with the State, specifically in construction contracts, generate a decrease in investment in Peru? proposing as a tentative response that: "The lack of uniform legal regulation in the selection processes of contracting with the State, specifically in construction contracts, generates confusion and greater cost among the participants of these processes; likewise, the resolutions of the OSCE Tribunals, which far from establishing predictability with their decisions, produce legal uncertainty with the constant variation of their criteria; and, finally, if we add to this the corruption entrenched in this area; generates a disincentivation of the investment in Peru ", After the use of the exegetical method, it allowed us to unravel the meaning and correct meaning of the normativity that is related to the object under study, and with the dogmatic method we were able to enter the doctrinal study of the legal categories that are closely related to the institution studied. In this simple investigation, a survey was conducted of 10 lawyers who work in the area of contracting with the State, in order to be able to obtain valuable information through their experience in the field that is the object of study today. In the end it was possible to verify the hypothesis reaching the conclusion that public procurement has a clear difference with respect to private contracting, which is the use of public resources following the procedures established in the legislation. The difference between state contracts and private contracts is established in the constitution. Public Contracting has a special characteristic, which is the use of public resources for a public purpose.