Doctorado Derecho Público

URI permanente para esta colecciónhttp://hdl.handle.net/11634/13139

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Constitucionalismo Digital en la Quinta Revolución Industrial en Colombia
(Universidad Santo Tomás, 2026-05-08) Franco Mateus, Laura Marcela; Mondragón Duarte, Sergio Luis; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001637779; https://scholar.google.com/citations?user=I7z6AsMAAAAJ; https://orcid.org/0000-0002-5189-6770
The Fifth Industrial Revolution (5IR) is generating profound social, economic, political, and legal transformations, also changing how technology interacts with fundamental rights. The convergence of disruptive technologies creates interconnected and complex digital environments that are advancing so rapidly that traditional law cannot keep pace. This represents a particularly significant challenge for current constitutionalism, because rights such as privacy, data protection, equality, freedom of expression, and due process are beginning to face new risks and tensions. In the Colombian case, these difficulties manifest in phenomena such as mass surveillance, discrimination based on algorithms, the spread of disinformation, the erosion of privacy, and even the undermining of procedural guarantees when artificial intelligence is used to make judicial, administrative, or business decisions. Emerging technologies, such as the metaverse, asset tokenization, and synthetic digital identities, continue to operate without clear regulations, limiting the State's capacity to protect individuals and leading to delayed and more corrective than preventive responses. Although the 1991 Constitution offers a broad catalog of rights, so-called “digital rights” lack autonomous recognition and a precise definition. Existing regulations on data protection, e-commerce, and cybersecurity are fragmented, contain significant gaps, and often react only after harm has occurred. Jurisprudence has made progress on key issues such as digital privacy, freedom of expression online, and habeas data, but we still lack a comprehensive framework capable of addressing the challenges of the Fifth Industrial Revolution (5IR). This highlights the need for a more coherent, up-to-date digital constitutionalism capable of anticipating risks. In this context, this research proposes a model of digital constitutionalism for Colombia. It does not propose creating a new category of fundamental rights through constitutional reform, because recognizing a broad and evolving set of “digital rights” would not only be difficult but also conceptually unstable. Instead, the proposal aims to strengthen the current constitutional framework through a clearer interpretation of how existing rights should be applied in technological environments, accompanied by a legislative proposal that develops these criteria without seeking to elevate them to constitutional status. The objectives of this work are to review the historical evolution of constitutionalism leading to its digital focus, analyze the impact of new technologies on rights in Colombia, study comparative experiences such as the GDPR, the AI Act, and Spain's Charter of Digital Rights, design a model of digital constitutionalism adapted to the country, and finally, structure a regulatory proposal that strengthens data sovereignty, algorithmic transparency, and technological governance. This proposal seeks to be a development law, not a regulation that creates new fundamental rights. The research adopts a qualitative approach, with descriptive, analytical, and propositional phases. It begins with a doctrinal, normative, and jurisprudential diagnosis, continues with an analysis of risks and gaps, and concludes with the design of the model and its corresponding legislative proposal, always in accordance with the Constitution. The main contribution is a model of digital constitutionalism that does not seek to invent new rights, but rather to clarify how existing rights should be protected when exercised in digital environments. It is based on human dignity, the effectiveness of rights, the transparency of algorithms, data sovereignty, and the differentiated responsibility of the State, digital platforms, and technology developers. It includes mechanisms to anticipate risks, such as strengthening digital habeas data, controlling automated decisions, and supervising high-risk technologies. The legislative proposal establishes guidelines and obligations for actors in the digital ecosystem, harmonizing Colombian experience with international benchmarks, but without simply copying models or assuming the existence of an autonomous catalog of digital rights. Academically, the work contributes to the debate on digital constitutionalism and supports the field of Public and Digital Law. Socially, it offers tools for protection against the risks of technological transformation. Institutionally, it generates outputs such as publications, presentations, and training activities. In summary, the research identifies a significant gap in the Colombian legal system: the lack of a digital constitutional framework to protect rights in highly technological environments. The proposed model offers a preventive legal architecture, consistent with the Constitution and centered on human dignity, which prepares the country to face the challenges of the Fifth Industrial Revolution with greater clarity.
La teoría de la carga dinámica de la prueba en materia penal. Un análisis a través del delito tributario de omisión del agente retenedor o recaudador en Colombia
(Universidad Santo Tomás, 2020-03-26) Carlos Ferney Forero Hernandez, CARLOS FERNEY; Hernando Hernández Quintero, Hernando Hernández Quintero; Forero Hernandez, C.F.; https://share.google/ioQI9XXLqUYdiPs0p; https://share.google/Z68h5OS9nSWdGDFqw; https://share.google/qCa4g40QUhOsz6ion
To explain the scope of the dynamic burden of proof theory regarding the tax crime of failure to comply with the withholding or collecting agent in Colombia.
Reflexiones Críticas de la Reforma Rural en Colombia: Lineamientos Estructurales para la Reforma Rural Integral con Enfoques Eco Céntrico y Económico Ambiental para la Obtención de una Política Rural Sostenible en el Sistema Colombiano.
(Universidad Santo Tomás, 2024-10-11) Valderrama Velandia, José Eduardo; Arias Ramírez, Diego; Sáenz Rodríguez, Deivy Alberto; Universidad Santo Tomás
Ecocidio Contra la Humanidad
(Universidad Santo Tomás, 2024-08-14) López Zamora, Sergio Andrés; Sáenz Rodríguez, Deiby Alberto; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001511088; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001377495; https://scholar.google.com/citations?hl=es&user=fKBJ70QAAAAJ; https://scholar.google.com/citations?hl=es&user=Nm2ZAZcAAAAJ; https://orcid.org/0000-0003-1350-6310; https://orcid.org/0000-0003-2241-9155
The interest in this research arises with the purpose of generating a proposition that inspires a change in the political system, from an anthropocentric model to an ambiocentric one, as ensuring human rights also requires securing an environment and natural resources suitable for life. Therefore, throughout this work, presented to obtain the title of Doctor of Public Law from the Santo Tomás University, Tunja campus, a punitive response is presented to help address the most serious problem of recent times, where a change is urgently needed to preserve life on Earth, and with it, all other rights. Thus, the possibility is considered that ecocide, understood as a severe and irreversible harm to the environment, could be considered a crime against humanity, as in cases of significant harm, the damage would impact all humanity by affecting the legal interest that allows life on Earth. The proposal that justifies large-scale environmental harm as a crime against humanity involves studying environmental damage of a severe and irreversible nature, which will be addressed in the first chapter; in the second chapter, a detailed study of the notion of crimes against humanity will be conducted, understanding its axiology and protection values; and in the final chapter, based on the epistemological current of ambiocentrism, where the human-environmental subject is postulated, ecocide can be justified as a crime against humanity. The two structural pillars of this thesis (the notions of ecocide and crimes against humanity) will allow us to address the central focus of the research, proposing the environment as a subject of protection under crimes against humanity, detailing the reasons for this in harmony with the conceptual and philosophical study that underpins this investigation. Indeed, the research will address historical, epistemological, and conceptual notions related to the object of study. Additionally, in order to obtain direct, objective, and non-interpreted information, all sources were consulted in their original language, with references translated by the author in German, Medieval Spanish, French, English, Italian, and Russian. Thus, it is necessary to begin with the problem question.
Teoría del Derecho Administrativo del Acto de Estado y Riesgo Político.
(Universidad Santo Tomás, 2023-10-12) López Peña, Edmer Leandro; Güechá Medina, Ciro Nolberto; Universidad Santo Tomás Tunja
The pourpose the administrative law theory of the act of state and political risk is to intended the existence of political discretion and how it bases the identification of the act of state of direction of international relations of government or state. The theory also indicates that there is a political risk in this type of decisions, in view of which it is proposed to strengthen the consultative control of the Consejo de Estado as a control of legality and the preservation of the stability of the cyclical relationship.
Responsabilidad Patrimonial del Estado por el Prófugo Inmerecido. Una Modalidad de Defectuoso Funcionamiento de la Administración de Justicia.
(2020-02-19) Huerta Gutiérrez, Fausto Enrique; Rodríguez Gutiérrez, Andrés; Universidad Santo Tomás
The work makes a study of the patrimonial responsibility of the State in general and, specifically, of the responsibility derived from the activity of the Administration of Justice, to determine if it is adequate and legally sustainable, the attribution of state responsibility for the damages caused to the people who are persecuted by the justice, in order to enforce an arrest warrant as a result of a custodial arrest measure, who are later acquitted within the criminal process that originated the measure, making such persecution unjust and undeserved the damages suffered. In the same way, a theoretical development is made of the right to individual liberty, of the “ius necessitatis”, the damage and its unlawfulness, the distinction between the Administration of Justice (Judicial Branch) and the penitentiary system (Executive Branch), the rights of the investigated or prosecuted, the role of punishment and security measures, the true concept of collaboration with the Administration of Justice, individual and collective defense mechanisms against unjust aggression (the imminent danger that a detention center represents), and the legal and theoretical errors incurred by the Contentious Administrative Jurisdiction when resolving the cases raised characteristic of "undeserved fugitive".
La Compra Pública Como Herramienta de Gestión Pública: una Nueva Perspectiva Desde el Derecho Económico
(2021-03-01) Forero Forero, Deisy Joanna; Barreto Moreno, Antonio Alejandro; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001615177; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001347490; https://scholar.google.com/citations?hl=es&user=njDxbNsAAAAJ; https://orcid.org/0009-0008-9378-8955; https://orcid.org/0000-0003-2180-9864
This paper presents an analysis of state contracting as a public management tool, from different perspectives of economic law. Thus, in the first chapter the legal philosophy of the state contract is studied, from distributive and commutative justice, to determine which of them is applied to a greater extent, and which guides the philosophy of public contractual activity, in order to establish whether concepts of these two kinds of justice are related to the economy, to determine if the state contract can find a good grip on economic law and thus understand it as a means and not as an end, which will allow for better decisions, not only in as to the satisfaction of the general interest, but also, as to the very performance of the State. In the second one, a retrospective of the public management in the state contracting is carried out, in the third one the constitutional nature and the principle of legality are analyzed as enablers of the administrative law and in the fourth chapter the market model in the contractual management is studied. The work is based on the principles that govern the social state of law that prevails under the 1991 Constitution, and studies how these principles are developed by the legislature and subsequently regulated by the executive branch. Because they are different perspectives to focus on the subject, chapters 2, 3 and 4 present independent conclusions on the topics developed in each of them, which are addressed both from the analysis of legislation and jurisprudence, as well as doctrine. He has analyzed them.
Marco Institucional para la Concreción de la Autonomía Política Territorial Tributaria en Colombia
(2021-02-11) Patiño Rojas, Jorge Enrique; Higuera Jiménez, Diego Mauricio; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001356692; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001344891; https://scholar.google.com/citations?hl=es&user=wLR8A1IAAAAJ; https://orcid.org/0000-0002-0086-0065
En la tesis se analiza el precario papel de las entidades territoriales en Colombia, particularmente de departamentos y municipios, en materia de tributos o impuestos, dada la unidad nacional del Estado. Por lo mismo, desde el vigente marco constitucional, siguiendo ejemplos de otros países, se reclama una salida político administrativa que propicie mayor participación del nivel subnacional en el financiamiento de sus gastos, en búsqueda de mejores niveles de legitimidad para la gobernanza.

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