principio de proporcionalidad en la terminación unilateral de contrato en materia de contratación pública

Abstract

This research is specifically based on the analysis of the effective, opportune, but above all, obligatory application of the principle of proportionality. Based on a ponderation method that in cases of unilateral termination of contract, in the Public Contract branch of the law, will allow the imposed administrative sanctions to be balanced and reasonable. Too will enable the analysis of the pros and cons of the principle of proportionality as a constitutional guarantee of the rights of the people within the state, and in this particular case, of unreliable contractors of the state. This in order to obey the guarantees and rights of the constitutional due process and the principle of proportionality. Prior to the imposition of administrative sanctions indicated in the previous paragraph. Finally, it will be proposed an amendment to the National System of Public Contract Organic Law, which will include the way to proportionately impose administrative sanctions. Protecting the guarantees and constitutional rights of the state contractors as object of rights and justice