While examining the case in depth, the Council of State temporarily suspended a part of the case. Presidential Directive 08 of 2022 amending contracts for the provision of services with the State.
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Specifically, a section stating that public institutions cannot justify celebrating these agreements when there is a shortage of factory personnel. “If such contracts are to be signed with natural persons who already have other contracts for the provision of services with other public institutions”.
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In an 11-page decision, the high court agreed Joel David Gaona Lozano and Sebastián Rojas Sánchez requesting the regulation and requesting the temporary suspension of the Presidency by warning that the duties of the Presidency have been exceeded with these regulations.
In examining the arguments, the Chamber said that the President did not have the authority to regulate the disqualification regime and contract incompatibilities with the State.
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“Firstly, the Firm in the requested part The President has created a mismatch consisting of the fact that a natural person cannot and cannot conclude two or more contracts regarding the provision of services. simultaneously or simultaneously, when at least one of them supports the administration and is justified by the inability of the personnel of a national unit of the Executive Branch of public power to perform a particular task”, the document states.
Judge José Roberto Sáchica of the Third Division of the Supreme CourtThe person executing the case stated that this decision was not issued to regulate any law, but rather to regulate a legal aspect that refers to situations that allow the performance of contracts of the provision. number of services with natural persons”.
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“However, while doing this, a condition not foreseen by the legislator was set and exceeded this authority, because the provisions that were not included in the Law were not added. Public Administration Tender Regulationhowever, it has also created a mismatch in concluding such contracts that the legislator did not establish in the minds of real persons”.
The decision states that any person, natural or legal, has the capacity and ability to conclude obligations and obtain rights, and that persons deemed to be legally competent under the current provisions may enter into contracts with government agencies. And that they are free to contract, that is, to acquire rights and incur obligations with their consent.
And since incompatibilities, such as inadequacies in contractual matters, impose restrictions on the freedom to contract and do business, and affect the autonomy of the will, as well as the capacity to conclude rights and obligations.The Constitution said that this could only be done by law.
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In this sense, the Council of State said that “providing with a regulation that has no legal force” “materially establishes an incompatibility consisting of the fact that a real person cannot celebrate and practice it with a ceremony”. two or more concurrent or simultaneous contracts for the provision of services, one of which corresponds to management support and is justified by insufficient personnel.
And also, “In the legal system, the capacity of such persons to conclude contracts through administrative means, the autonomy of will, contracts and freedoms of business that are not foreseen by the legislator.
It is a matter to which the highest administrative authority of the public power is resorted to, not exclusively”.
Now, the office will delve deeper into this case.
[email protected]@AlejaBonilla
Source: Exame
I am Bret Jackson, a professional journalist and author for Gadget Onus, where I specialize in writing about the gaming industry. With over 6 years of experience in my field, I have built up an extensive portfolio that ranges from reviews to interviews with top figures within the industry. My work has been featured on various news sites, providing readers with insightful analysis regarding the current state of gaming culture.
