The Economic-Constitutional Principles in Public Private Partnerships in the Framework of Human Rights

摘要

In the last decade the federal government has developed projects with alternative mechanisms to the traditional way of financing in order to offer quality services and infrastructure that the traditional schemes could not provide in an efficient and timely manner. The aim of this paper is to analyze the coherence, consistency, ambivalence or ambiguity of the legal concept of Public Private Partnerships (PPP), from the legal logic of economic principles in constitutional law and the link with human rights, and transparency in public spending. Its main premise is that the State has an obligation to guarantee fundamental rights. It is a descriptive study of transactional cutting with legislative methodology. As a result of the study it is important to understand that a new analysis of the Public Private Partnership Act is necessary to learn about its effectiveness, or if appropriate, to determine the State’s obligation when making Public Private contracts with economic entities that do not comply with the social order, acting in detriment of the citizens.