Especialización Derecho Administrativo
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Tipo de ítem: Ítem , Las veedurías ciudadanas como instrumento de control social, vigilancia y participación en la gestión pública(Universidad Santo Tomás, 2026-06-11) Beltran Granados, Leidi Stepfhani; Grimaldo Gómez, Oscar Julian; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648Citizen oversight committees, as a mechanism for democratic participation, constitute one of the most significant instruments for social control and involvement within Colombia´s democratic system. They enable citizens to exercise surveillance and control over public administration and State resources. The primary objective of this article is to analyze, from a theoretical perspective, the importance of citizen oversight as an instrument for social control, civic participation, and public monitoring in the municipality of Villavicencio. To this end, a conceptual and regulatory review of citizen participation and social control mechanisms in Colombia is conducted, highlighting the legal framework governing these committees and their role in strengthening transparency, accountability, and public management. Furthermore, the relevance of this mechanism at the public administration , emphasizing its contribution to the enhancement of elective democracy and the improvement of public administration.Tipo de ítem: Ítem , Incidencia ciudadana en la gestión pública de Vistahermosa, Meta(Universidad Santo Tomás, 2026-06-18) Gómez López, Juan Andres; Ramírez García, Asly Dayanna; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3MWh2AAAAAJ&hl=es; https://orcid.org/0000-0002-9122-5648This research analyzes the theoretical and legal foundations of citizen participation and its impact on the management of public resources in Colombia, with special emphasis on the municipal territorial level. The study is grounded in the constitutional recognition of participatory democracy as a structural pillar of the Social Rule of Law, examining the current legal framework regulating citizen involvement in planning, execution, and oversight of public spending. Through a quantitative and qualitative approach, the research assessed the level of citizen participation in public resource management and its territorial impact, identifying weaknesses in transparency processes, social oversight mechanisms, and effective access to budgetary information. The findings reveal that, although Colombia has a solid legal framework promoting participation, significant gaps remain between normative provisions and their practical implementation at the municipal level. Based on the results, a practical proposal was designed for the municipality of Vistahermosa, Meta, aimed at strengthening active transparency, institutionalizing periodic accountability forums, and promoting sectoral citizen oversight committees. The study concludes that effective participation in public resource management enhances administrative efficiency, strengthens institutional legitimacy, and contributes to sustainable territorial development.Tipo de ítem: Ítem , La contratación estatal verde: un análisis comparado del régimen colombiano con el régimen de la Unión Europea(Universidad Santo Tomás, 2026-06-09) Plazas Toloza, Bianey Smith; Gaviria Acero, Yeison David; Cortés Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648The growing environmental crisis has brought to the forefront the need for all countries worldwide to create and implement mechanisms, strategies, and programs aimed at environ-mental protection. Administrative law is no exception to this issue, since states must align their aims and objectives with more environmentally sustainable policies. Therefore, one of the are-as where administrative entities can have the greatest impact on the environment and on pro-duction decisions is public procurement. Consequently, a new approach to procurement, which some authors call "green public procurement," has emerged. This encompasses public policies, strategies, and methodologies applied to public procurement that allow states to guide bidders toward offering more sustainable and environmentally friendly products. This shifts the para-digm from prioritizing the lowest price in public procurement to systems that prioritize the environmental sustainability of the products and services offered. Therefore, identifying and analyzing the progress of green contracting in Colombia compared to more developed countries such as those in the European Union allows us to identify the path taken and the possible strat-egies that the Colombian State should follow.Tipo de ítem: Ítem , ¿Cuáles son las causas más comunes de procesos disciplinarios contra concejales municipales en el departamento del Meta, y como se desarrollan estos procesos en la práctica?(Universidad Santo Tomás, 2026-07-03) Cardenas Quevedo, Angela Maria; Arcila Saldaña, Daniel Jose; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648This article analyzes the main causes of disciplinary proceedings against municipal councilors in the Department of Meta and how these processes are carried out in practice within the Colombian disciplinary system. Based on a normative analysis and the review of cases handled by control authorities, recurrent conducts such as breach of official duties, abuse of functions, and conflicts of interest are identified. The study also examines the effects of these proceedings on local public administration and municipal governance. Finally, it highlights challenges related to complaint management and the effectiveness of the disciplinary system at the territorial level.Tipo de ítem: Ítem , El derecho disciplinario en Colombia: estructura, evolución y tensiones en la práctica(Universidad Santo Tomás, 2026-05-28) Becerra Reyes, Paula Andrea; Umaña Hincapié, María Camila; Cortés Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648This research study was conducted with the overall objective of determining the state of the art of disciplinary law in Colombia, based on an analysis of theoretical concepts, regulatory developments, and procedural structures, with the aim of understanding the role of disciplinary law in public ethics and the oversight of the administrative function. First, the study addresses fundamental concepts of public administration, the civil service, and public servants. Public administration is understood as an organization serving the public interest, governed by constitutional principles such as morality, efficiency, and transparency, while the public service constitutes the body of regulations and institutions that govern the exercise of public employment. In turn, public servants are understood as those through whom the State exercises its functions, and they are subject to a special legal regime of duties and responsibilities. Second, a historical analysis of disciplinary law in Colombia was conducted, highlighting its evolution from early control mechanisms during the colonial era—such as the trial of residence—to its consolidation into a more structured legal system, as embodied in Law 1952 of 2021. Relevant milestones are identified, such as the 1886 Constitution, Law 165 of 1938, the decrees of 1968, and, especially, the 1991 Constitution, which strengthened the framework of guarantees in disciplinary law. Subsequently, the text highlights the enactment of the Single Disciplinary Code (Law 734 of 2002), its replacement by the General Disciplinary Code (Law 1952 of 2019), and its reform through Law 2094 of 2021, which introduced important safeguards such as the separation of functions and the right to a second hearing. Third, the disciplinary system in Colombia was examined, identifying its guiding principles, duties, prohibitions, procedural stages, and competent authorities, emphasizing that it is founded on principles such as legality, due process, the presumption of innocence, and proportionality. The stages of the disciplinary process are also described, from the preliminary investigation to the enforcement of the sanction, as well as the authorities responsible, such as the Office of the Attorney General, the municipal ombudsmen’s offices, and the internal control offices. Finally, the research concludes with a critical analysis of Colombian disciplinary law, identifying structural issues. Among these are: (i) the lack of impartiality resulting from the concentration of powers in administrative authorities; (ii) regulatory ambiguity in the classification of disciplinary offenses, which may undermine legal certainty; (iii) tensions with international standards regarding political rights, as evidenced in rulings by the Inter-American system; and (iv) the expansion of disciplinary “ius puniendi”, which creates risks of disproportionality and overregulation.Tipo de ítem: Ítem , Relación entre la personería municipal y los derechos fundamentales de los ciudadanos: un análisis en la ciudad de Villavicencio(Universidad Santo Tomás, 2026-06-10) Acosta Nieto, Luis Fernando; Pabon Moreno, Valentina; Cortes Borrero, Rodrigo; Universidad Santo Tómás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648This research analyzes the relationship between the Municipal Ombudsman's Office (Personería Municipal) and the protection of fundamental rights, focusing on the case of Villavicencio, Colombia. Based on a review of the constitutional and legal framework governing the Public Ministry at the local level, the study examines the competencies, limits, and legal mechanisms available to municipal ombudsmen in safeguarding citizens' fundamental rights. The research considers the normative foundations established in the 1991 Political Constitution and relevant laws such as Laws 136 of 1994, 489 of 1998, 472 of 1998, and 2422 of 2024, as well as constitutional case law. It further explores the specific legal tools used by municipal ombudsmen, including tutela actions, popular and group actions, disciplinary intervention, administrative oversight, participation in judicial and administrative proceedings, and citizen assistance and conciliation. The analysis of the Villavicencio case demonstrates that the Municipal Ombudsman's Office plays an active and meaningful role in protecting rights such as health and access to public services. The study concludes that the Personería Municipal functions as a key territorial institution within the Social Rule of Law, contributing both directly and indirectly to the effective protection of fundamental rights.Tipo de ítem: Ítem , Análisis de la política pública de la prestación de los servicios públicos domiciliarios en el municipio de Villavicencio(Universidad Santo Tomás, 2026-06-01) González Herran, Karen Yajaira; Rojas Torres, Luis Alfonso; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648This article examines the quality of public utility services in the municipality of Villavicencio, thereby evaluating the benefits of receiving these services and the criticisms they currently face regarding their provision. In this way, some notions and regulatory foundations are presented, since these companies play a fundamental role in fulfilling the essential purposes of the state, as these services must be continuous, effective, and equitable. However, there are concerns about whether the companies comply with the aforementioned principles. On the other hand, criticisms such as fiscal inequity, corruption, and lack of coverage are addressed. Finally, a relationship between the positive and negative aspects of providing these services is presented, thus offering a detailed and comprehensive view of the subject of this articleTipo de ítem: Ítem , La vulneración de la dignidad humana frente al acoso laboral en contratos de prestación de servicios en el sector público colombiano: un análisis desde el derecho administrativo(Universidad Santo Tomás, 2026-06-01) Torres Bautista, Daniela; Bocachica Méndez, Laura Vanessa; Cortés Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648This article focuses on the analysis of workplace harassment, specifically in the context of service contracts within Colombian public institutions, adopting an approach rooted in administrative law. Specifically, it examines the complex relationship between the legal nature of these agreements—characterized by the contractor’s independence—and the actual experiences of subjugation that could lead to acts of workplace harassment, directly undermining the fundamental right to human dignity. This study identifies the legislative gaps in Law 1010 of 2006, focusing on its formal ineffectiveness for government contractors, and evaluates how constitutional jurisprudence has acted to address these deficiencies by applying principles such as the primacy of reality over formality. Likewise, it examines the duty of the public administration in these scenarios, in light of the principles of legality, equality, and administrative function. Accordingly, legal tools are proposed to strengthen contractors’ legal defense against workplace harassment. These are based on a review of the current regulatory context and also on an assessment of everyday working conditions.Tipo de ítem: Ítem , Los retos jurídicos de la transición energética en la contratación pública colombiana(Universidad Santo Tomás, 2026-06-01) Medina Araque, Julieth Alejandra; Herreño Herreño, Stiven; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648The energy transition has become a priority for the Colombian State within the framework of environmental protection and sustainable development. For this reason, public procurement serves as a key instrument for the materialization and implementation of policies aimed at promoting clean energy, ensuring energy sustainability, and fostering technological creation and innovation. Nevertheless, the development and incorporation of these criteria into public procurement processes give rise to significant legal challenges. These challenges require maintaining coherence between environmental sustainability objectives and the principles governing public procurement, including objective selection, planning, transparency, and fiscal sustainability. Given that energy transition policies involve highly specialized matters and a considerable degree of technical complexity and considering that this is a relatively recent issue in Colombia, their incorporation into public procurement must be approached with heightened legal and technical rigor. An inadequate contractual design or execution may result not only in fiscal liabilities, but also in environmental and social impacts arising from the shift from traditional energy sources to sustainable energy models. This article aims to analyze the legal challenges faced by Colombian public procurement in the context of the energy transition, through the examination of the current regulatory framework, the instrumental role of public procurement, and the function of administrative law principles in the implementation of sustainability policies. Finally, this study highlights the need to move toward a harmonious and evolutionary interpretation of the public procurement regime, one that reconciles the objectives of the energy transition with legality, administrative efficiency, and legal certainty, thereby strengthening public procurement as a legitimate mechanism for economic, social, and environmental transformation.Tipo de ítem: Ítem , Evaluación de la reparación integral de víctimas en Colombia: analisis del proceso maariv y modelos comparados de Perú(Universidad Santo Tomás, 2026-01-22) Vásquez Osorio, Rubén Parmenio; Peña Mateus, Daniel Enrique; Cortes Borrero, Rodrigo; Universidad Santo Tómás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648This paper examines how the MAARIV Model works and compares it with the Comprehensive Reparations Plan used in Peru. The goal is to test whether, beyond what the rules state, these models allow people affected by the problem to recover their rights and live a better life. In the case of Colombia, we see that although there is a strong rule and a clear desire to help those affected, there are problems such as referrals, complicated procedures, and a lot of focus on monetary funds, leaving aside aspects such as going to the doctor, studying, or owning a home. On the one hand, Peru has been able to combine common and symbolic compensations more closely, strengthening the social fabric and the memory of the communities' past. From this contrast, we offer some ideas for making Colombia's system more effective, accessible, and consummated, thus ensuring a true return of victims' rights. This study examines how the Method of Care, Assistance, and Comprehensive Settlement for Victims (MAARIV) works in Colombia and combines it with the Total Settlement Plan (PIR) in Peru. The idea is to see if, in addition to what the regulations state, these methods do protect victims of the conflict, as well as restore their rights and help them recover their lives. In the Colombian case, we see that while there is a strict law and a stoic desire to help victims, in real life there are complications such as delays, complicated paperwork, and a great deal of use for money, forgetting other significant things like going to the doctor, studying, or owning a home. On the one hand, Peru has been able to better link corporate and allegorical compensation, strengthening the social fabric and the memory of the communities' past. Based on this distinction, we present some ideas to make the Colombian system faster, more accessible, and more fulfilling, so that victims can enjoy a true restoration of their rights.Tipo de ítem: Ítem , La procuraduría general de la nación frente a las sanciones administrativas de los servidores públicos elegidos por elección popular: análisis sobre la destitución e inhabilidad(Universidad Santo Tomás, 2026-05-06) Castro Perafan, Karol Natalia; Alonso Gómez, Julian Eduardo; Cortes Borrero, Rodrigo; Universidd Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648The present research aims to analyze the consequences imposed on the Colombian State in the judgment of the case Gustavo Petro vs. Colombia, issued on July 8, 2020, by the Inter-American Court of Human Rights, in which the Court found the State responsible for violating Mr. Petro’s political rights. These rights were affected as a result of the disciplinary sanction of removal from office as Mayor of Bogotá, D.C., and disqualification for a period of fifteen years from holding public office, imposed by the Office of the Inspector General of the Nation (Procuraduría General de la Nación). In this regard, it is particularly relevant to assess the effects of the conclusions reached by the Inter-American Court, as the rules that empower the oversight body to impose such sanctions on democratically elected officials have a practical effect of disqualifying them from exercising their political rights. Consequently, this constitutes a violation of Article 23 of the American Convention on Human Rights, as removal and general disqualification may only be imposed by a criminal judicial authority through a final conviction, independently of the violation of the principle of jurisdictionality, the guarantee of impartiality, the presumption of innocence, and the right to defense.Tipo de ítem: Ítem , Aplicación del Derecho Administrativo Sancionador por el ICA: Análisis Crítico de su Incidencia en los Derechos Fundamentales del Campesinado Colombiano(Universidad Santo Tomás, 2026-04-21) Cely Martinez, Andrés Felipe; Walteros Gamboa, Karenth Yinneth; Franco Mateus, Laura Marcela; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000070378; https://scholar.google.com/citations?user=Br6-AMwAAAAJ&hl=esThis study evaluates the impact of the Administrative Sanctioning Process (PAS) applied by the Colombian Agricultural Institute (ICA) on the fundamental rights of participation, land, and territory of Colombian farmers, with a focus on the department of Boyacá, during the period 2020–2025. Using a qualitative approach that combines documentary analysis (regulations, jurisprudence, and petitions) with interviews of small-scale producers, the central legal problem identified is the gap between legal requirements and the actual conditions for their fulfillment. The results reveal limited dissemination of sanitary policies, deficiencies in technical assistance, and the use of the PAS as the predominant control mechanism, generating disproportionate burdens and violating the principles of effectiveness and proportionality. The analysis highlights the need for a rights-based approach in sanctioning procedures, consistent with the constitutional recognition of farmers as subjects of special protection. It is concluded that the effectiveness of the PAS requires greater territorial coordination, strengthening of institutional pedagogy and regulatory adaptation to rural dynamics, in order to prevent violations of the fundamental rights of the peasantry.Tipo de ítem: Ítem , Compliance y Administración Pública: un Análisis del Sistema para la Gestión de Riesgos de Corrupción en Colombia(Universidad Santo Tomás, 2026-04-16) Castillo Higuera, Jonathan Alexander; Cano Fonseca , Nohora Milena; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001911265; https://orcid.org/0009-0009-8907-9395This article analyzes the correspondence between the Colombian system for managing corruption risks in Public Administration and compliance as a contemporary paradigm in the field. In this regard, based on a comparative analytical methodology, it describes the doctrinal foundations of compliance, compiles the legal framework applicable to the management of corruption risks in the Colombian Public Administration, and contrasts them in order to determine their current status. The study concludes that, with the creation of the Public Transparency and Ethics Programs (PTEP) pursuant to Law 2195 of 2022, the Colombian legal system formally incorporates the core elements of compliance into the corruption risk management system; however, this system still requires adjustments in its control structure and information management in order to fully achieve its objectives: a transparent Public Administration.Tipo de ítem: Ítem , Uso prolongado del encargo y su efecto sobre el merito en la carrera administrativa(Universidad Santo Tomás, 2026-03-16) Arosa Acuña, Sharon; Méndez Martínez, Lady Vanessa; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648This article analyzes the concept of appointment in public administration and its undue extension in relation to the administrative career, which is based on the principle of merit, as well as the consequences this practice has on access to and stability in public employment. It addresses the nature of each of these forms of access to public office, the current legal framework, and relevant jurisprudence, which demonstrate how the widespread use of appointment distorts its exceptional and transitory nature and violates fundamental constitutional principlesTipo de ítem: Ítem , Efectos en las Licitaciones Públicas en Pliegos Tipo de Obra(Universidad Santo Tomás, 2025-06-12) Lombana Rincon, Sergio Andres; Cortés Borrero, Rodrigo; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648This document analyzes the negative effects that have arisen from the implementation of standard bidding documents in public bidding processes in Colombia. Although this tool was designed to promote transparency, plurality of bidders and standardization of requirements, several problems have been identified that compromise its effectiveness and relevance in certain territorial contexts. Among the most relevant effects is the limitation of the autonomy of the contracting entities to adapt the bidding terms to the specific conditions of the project, which may result in an unjustified exclusion of small bidders and an inefficient use of public resources. Particular attention is devoted to the phenomenon of collusion among bidders, an anticompetitive practice that, paradoxically, may be facilitated by the standardization of requirements. Despite the fact that criminal and administrative legislation penalizes these behaviors, the current regulatory framework does not provide public entities with sufficient mechanisms to reject proposals when there are reasonable indications of illicit collusion. In view of this scenario, the document proposes a series of public strategies aimed at mitigating risks, among them: institutional strengthening of territorial entities, incorporation of technologies for process traceability, preventive fiscal control, citizen participation and periodic and participatory review of standard bidding documents. The study concludes that the standard bidding documents should be maintained as an instrument to guarantee transparency in government contracting, but their application should be flexible, contextualized and accompanied by reforms that allow for their continuous improvement, thus ensuring a more equitable and efficient public contracting, adjusted to the general interest.Tipo de ítem: Ítem , El desarrollo del derecho administrativo y el procedimiento administrativo generado por la aplicación de las nuevas normativas judiciales(Universidad Santo Tomás, 2025-11-22) Cedano Aguilar, Jose Luis; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648The new tendencies in Colombian Administrative Law are born to legal life, being Law 1437 of 2011 (Congress of the Republic of Colombia, 2011), a great advance in the issue of the harmonization of Administrative Law, with the content of the Political Constitution of Colombia, of nineteen ninety-one (1991), with which the Colombian judicial system caused the modernization and updating of the procedures of the institutions and entities of the State and its division, within the law and thereby seek to improve the processes carried out by the judicial authorities, understanding that administrative law is linked to the public administration, with which the efficiency of the public administration is guaranteed, in its relationship with the processes and the link that they have with individuals, in turn contributing to the decongestion of public offices and the agility in the processes, both administratively and judicially, which is why New regulations and laws have been issued that lead to this result, and proof of this is Law 2080 of 2021 (Congress of the Republic of Colombia, 2021) These modifications are based on favorable results, which derive from Legislative Decree 806 of 2020 (Congress of the Republic of Colombia, 2020) and the issuance and application of Law 2213 of 2022, which establishes the permanent validity of Legislative Decree 806 of 2020 and adopts measures to implement information and communication technologies in judicial proceedings, streamline judicial processes and make more flexible the attention to users of the justice service and other provisions are issued" with which the operation of administrative actions and the system of administration of justice is taken into account.Tipo de ítem: Ítem , De la Intención a la Práctica: El Papel de los Comités de Conciliación para Consolidar y Fortalecer las Políticas de Prevención del Daño Antijurídico(Universidad Santo Tomás, 2026-04-09) Ramirez Celis, Cristian David; Corredor Pamplona, Diana Paola; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371180This paper aims to analyze the role played by the conciliation committees within the policy for the prevention of anti-legal damagein Colombian public entities. This is a topic of paramount importance, as the growing number of lawsuits against the State not only jeopardizes the Nation's fiscal stability but also reveals an administrative mandate to shift from a de facto defense to proactive risk management. This highlights the existence of a functional gap regarding how legal risks are effectively managed and administered. The current research is developed from a qualitative perspective based on a review of the current legal framework (such as Law 2220 of 2022), institutional documents, and specialized doctrine. This allows for understanding the reform of the legal framework regulating the prevention of Anti-Legal Damage and conducting a critical diagnosis of the effectiveness in complying with the duty to prevent. The analysis is conducted from the standpoint of the actual scope of the Committees' function as managers of the institutional prevention policy that is, how successful these entities, which possess a robust legal framework, have been in overcoming the traditionally reactive approach that public administration has given to this traditional function.Tipo de ítem: Ítem , El régimen jurídico de las regalías en Colombia y su impacto en el desarrollo territorial(Universidad Santo Tomás, 2026-03-24) Castro Cifuentes, Lenito Eliecer; Díaz Gámez, Eduard Andersson; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648The purpose of this research paper is to conduct a comprehensive analysis of the legal framework for royalties in Colombia, addressing their constitutional basis and their legal and regulatory development. In this context, we will study the regulatory evolution of the royalty regime and its current configuration within the Colombian legal system, in order to understand its legal nature, central focus, and function within the system. Similarly, it will identify the relevant case law of the Constitutional Court and the Council of State, identifying the interpretative criteria that have defined royalties as economic compensation in favor of the State. Additionally, the research will analyze the mechanisms for planning, allocating, executing, and controlling these resources, with special emphasis on the principles of transparency, efficiency, accountability, and territorial equity that guide their administration. Finally, the study will make it possible to assess whether the current regulatory framework guarantees adequate redistribution of national wealth and sustainable development, and whether it embodies the principles of territorial autonomy and administrative decentralization, formulating, from a constitutional perspective, possible proposals for institutional strengthening or adjustment..Tipo de ítem: Ítem , El plazo presuntivo en los contratos de trabajadores oficiales en colombia: efectos sobre la estabilidad laboral y la seguridad jurídica(Universidad Santo Tomás, 2026-01-16) Suescun Rojas, Juan Diego Orlando; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3MWh2AAAAAJ&hl=es; https://orcid.org/0000-0002-9122-5648This article critically examines the “plazo presuntivo” (presumptive term) applied to government workers’ employment contracts in Colombia. Using a juridical-critical methodology that combines statutory review, key case law analysis, and practical effect assessment, the study argues that the presumptive term—rooted in Decree 2127/1945—creates an institutional tension between administrative certainty and the constitutional guarantee of job stability. The paper proposes interpretative and legislative measures to reconcile administrative efficiency with labor protection.Tipo de ítem: Ítem , Ineficiencia administrativa en la implementación del acuerdo de paz de 2016 - impactos en la garantía de derechos humanos y reconfiguración del conflicto armado en Colombia(Universidad Santo Tomás, 2026-01-13) Álvarez Cárdenas, Diego Humberto; Ramírez Castro, William David; Cortés Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648The signing of the Final Agreement to End the Conflict and Build a Stable and Lasting Peace in 2016 marked the culmination of historic commitments by the Colombian State to bring an end to armed violence and to guarantee respect for human rights. However, the limited scope and effectiveness of its implementation have affected the measures adopted. This research analyzes the administrative challenges, focusing on the lack of planning, coordination, and execution of the Agreement’s provisions, as well as the consequences of these shortcomings for the protection of civilians in areas that have been historically affected by the conflict. The study first examines the historical context of the conflict and the nature of the commitments assumed by the State, and then analyzes the poor administrative performance that has contributed to the persistence of phenomena such as the reconfiguration of armed groups, the resurgence of forced displacement, and the increase in violations of fundamental rights. In addition, case studies are conducted in prioritized regions in order to identify recurring patterns and institutional gaps that hinder the construction of peace. Taking these considerations into account, this proposal seeks to focus on strengthening the State’s administrative capacity, improving the management of programs derived from the Agreement, and, in turn, safeguarding the rights of the most vulnerable communities. Ultimately, the objective is to provide critical and constructive reflections that contribute to improving the implementation of public policies in the post-conflict context.