ADMINISTRATIVE SANCTIONS IN STATE CONTRACTING PROCESSES: REFLECTIONS ON THE PERUVIAN CASE

Vílchez C.P.C.; Moquillaza F.A.S.; Bringas-Salvador J.L.; Morillo-Flores J.; Cuadra-Maique M.E. · Journal of Law and Sustainable Development (2023) · DOI: 10.55908/sdgs.v11i3.388

Resumen

Purpose: The framework of the actions of the Peruvian State Contracting Tribunal (TCE), it was proposed to reflect on the causes of the ineffectiveness of the regulatory framework of state contracting processes, seeking to disaggregate them to offer solutions to the problem of increase in the procedural burden in this court. Methodology: A systematic narrative review was carried out using a qualitative research approach. Using Atlas Ti®, 31 categories were obtained, which were grouped into three groups: Factors associated with the origin of the contract, Concomitant measures to the actions of the TCE, and Deficiency of the jurisprudence in support of the rulings of the TCE. Result: It was concluded that, to the extent that it takes time for the integration of administrative management systems and systematization of the information generated by the sources associated with the State Procurement Law to guarantee better processes for updating the regulations, the number of cases that are treated in the TEC would continue to increase. Conclusion: The review and analysis of this work, the authors consulted agree that it is imperative to review and systematize the information generated from the sources associated with the regulations of the state procurement law, as well as the review of the regulatory hierarchies that should be considered to regulate the procedures that are resolved in the TCE. © The Author(s) 2023.

Instituciones: Universidad de San Martín de Porres; Universidad Nacional Tecnológica de Lima Sur; Universidad Privada San Juan Bautista; Universidad César Vallejo