Bibliographic citations
Arenas, A., Herrera, R. (2023). Limitaciones a la libertad de contratación con el Estado para parientes de Congresistas del Perú [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/670762
Arenas, A., Herrera, R. Limitaciones a la libertad de contratación con el Estado para parientes de Congresistas del Perú [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2023. http://hdl.handle.net/10757/670762
@misc{renati/410899,
title = "Limitaciones a la libertad de contratación con el Estado para parientes de Congresistas del Perú",
author = "Herrera Benedetti, Renzo Rafael",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2023"
}
The sentence from which this research topic derives has legal relevance since it deals with a taboo within the field of public contracting, the impediments to contract with the State, specifically by the relatives of the members of the Congress of the Republic and high State officials, as well as the regulation that allows or not their participation within the State market. It is important to analyze the restrictions made by the public contracting regulations and how these may harm rights of great importance for these persons, such as freedom of contracting and work. For this purpose, relevant doctrine, jurisprudence issued by the Constitutional Court and the State Contracting Court, as well as current regulations have been verified. As a duo we concluded that, although the legislator decided to establish strict impediments to contract with the State by public officials who, due to their position, could take advantage of such condition, there must be a congruence between these and the impediments to their relatives, in order to avoid affecting the rights of these people, since they would be deprived of contracting freely and living in dignity, in addition to presumptions of guilt that only accentuate the prejudices that our nation already has due to notorious cases of corruption in recent years.
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