El financiamiento de personas jurídicas en campañas electorales. Reforma al artículo 63 de la Ley Orgánica del Sistema Nacional de Contratación Pública.

Abstract

Article 63 of the LOSNCP presents a loophole in the regulation on the disqualification of legal representatives of legal entities that finance electoral campaigns, which allows their participation in public procurement processes and increases the risks of corruption and political favoritism, contravening the principles of transparency and justice enshrined in our Constitution. The importance of the inclusion of the aforementioned group of people lies in the fact that without sufficiently clear regulations, elected politicians can favor their economic contributors; through the awarding of public contracts, causing distrust in institutions and promoting corrupt practices in the contracting system. Therefore, it is proposed to reform article 63 of the LOSNCP to include these legal representatives in the regulation on disqualifications, based on control models from countries such as Colombia and Costa Rica. The document also shows the risks associated with this regulatory absence and proposes mechanisms that mitigate the problems identified, thus safeguarding public procurement processes and trust in institutions.