The Principle of Good Faith in the Acts of the Administration

Abstract

The principle of good faith constitutes one of the fundamental pillars of the Colombian legal system and serves as an essential guideline for the actions of both public authorities and private individuals. This article analyzes the constitutional, legal, and jurisprudential foundations of the principle of good faith, emphasizing its role as a general principle of law, a constitutional guarantee, a presumption in favor of individuals, and a mechanism for protecting legal certainty and citizens' rights. Through a doctrinal and legal analysis based on constitutional provisions, legislation, judicial precedents, and specialized legal literature, the study examines the evolution of the principle in both public and private law. Particular attention is given to its application in administrative actions, public procurement, and contractual relations, highlighting its function in promoting transparency, trust, fairness, and legal stability. The findings indicate that good faith not only guides the interpretation and integration of legal norms but also limits arbitrary administrative actions and strengthens the relationship between the State and citizens. The study concludes that the constitutional recognition of good faith as a presumption and legal obligation reinforces administrative legitimacy, promotes efficient public administration, and protects individuals against abuses of public power, making it an indispensable principle for the consolidation of the rule of law.