LA VULNERACIÓN DE DERECHOS CONSTITUCIONALES POR PARTE DEL ESTADO EN LOS PROCESOS DE TERMINACIÓN ANTICIPADA DE CONTRATOS ADMINISTRATIVOS

Abstract

This research seeks to identify in which way the unilateral termination of administrative contracts is conducted and the constitutional rights that are violated. With the analysis of the Organic Law of the National System of Public Contracts we can expose some important aspects of the procedures that have allowed us to conclude the abuse of power that the public administration has through the exorbitant clauses it has reserved for itself and that can cause violations to basic rights. A process of analysis of administrative law doctrine was used to analyze the State´s prerogative’s, the procedure that the law has stablished for the unilateral termination of administrative contracts and the constitutional rights that must be upheld according to the Constitution in every process in which rights are determined. Legislation from Peru, Costa Rica and Spain and publications from several authors have been taken into consideration and they differ by the protection of the due process right, as well as national legal precedent. This analysis has allowed to recollect qualitative information about the need for a legal reform that can guarantee that in the administrative judgement proceedings the constitutional rights of the contractors will be upheld, considering that this is the highest duty of the State by enforcing the rights of its citizens.