Bibliographic citations
Ferreyra, D., (2024). Informe jurídico sobre la Resolución N°285-2015-TC-S4 emitida por la Cuarta Sala del Tribunal de Contrataciones del Estado [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/27685
Ferreyra, D., Informe jurídico sobre la Resolución N°285-2015-TC-S4 emitida por la Cuarta Sala del Tribunal de Contrataciones del Estado []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/27685
@misc{renati/530936,
title = "Informe jurídico sobre la Resolución N°285-2015-TC-S4 emitida por la Cuarta Sala del Tribunal de Contrataciones del Estado",
author = "Ferreyra Babarczy, Dora Angélica",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
Determining administrative responsibility and the competence of the body empowered to sanction, in accordance with the legal system, are legal issues subject to ongoing analysis. This report has raised these issues, reflecting on the importance of careful evidentiary activity by those who hold the power to declare such responsibility, with the aim of penalizing the individual who engaged in the attributed conduct. However, it has also provided an opportunity to review the provisions contained in the contract –whose resolution was attributed to the consortium– and question both the instrument and the authority of the entity to dissolve the contractual relationship. In relation to the normative instruments used, our sources are the Political Constitution, Law No. 27444, hereinafter referred to as the LPAG and its amendments, compiled in its Single Consolidated Text – hereinafter referred to as the TUO LPAG. Regarding normative sources in public procurement, there is the State Contracting Law – hereinafter referred to as the LCE – and its regulations, including amendments, concerning the procedure for sanctions – hereinafter referred to as PAS – consortiums, and prescription. Likewise, the analysis has been complemented by rulings issued by the Constitutional Court – hereinafter referred to as the TC – and the State Contracting Tribunal – hereinafter referred to as the TCE – among other sources. The conclusions can be summarized as establishing responsibility on the part of whoever has engaged in the infringing conduct, adhering to careful evidentiary activity and the legal framework, starting with our Constitution. Likewise, concerning administrative prescription, this must always be acted upon ex officio and not necessarily at the request of the administrator as a means of defense, as what is analyzed is the competence of the administrative body to hear and resolve the matter. Regarding the actions of the contracting entity, these must be linked to respect for the legal framework.
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