Maestría Derecho Público

URI permanente para esta colecciónhttp://hdl.handle.net/11634/150

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Jurisdicción agraria y rural y decreto 797 de 2025 como arquitectura institucional para la gobernanza y la justicia de tierras en Colombia
(Universidad Santo Tomás, 2026-07-20) Solano Moreno, Jairo; Marin Monje, Diego Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000172729; https://orcid.org/0009-0009-5010-1014
The research investigates whether the Agrarian and Rural Jurisdiction and Decree 797 of 2025, as a development of Law 160 of 1994, constitute an institutional arrangement that is compatible with the Constitution and capable of addressing persistent flaws in Colombia's land regime. The analysis starts from an agrarian conflict marked by dispossession, concentration, and territorial inequality, in which regulatory production has not always offered clear paths for those claiming rights. It also shows that the proliferation of regimes and procedures has led to overlaps, so that the same property can be interpreted, depending on the case, as vacant land, private property, a protected area, or a peasant reserve zone, which increases uncertainty and the costs of institutional navigation. This fragmentation is reflected in the division of powers between entities such as the National Land Agency, the Restitution Unit, the Superintendency of Notaries and Registries, the IGAC, and environmental authorities, in addition to jurisdictional responses that do not always converge. With this diagnosis, the new legislative initiatives establish constitutional requirements for evaluating the redesign, arguing that specialization is only justified if it reduces conflicts of jurisdiction and prevents rural citizens from becoming trapped in successive referrals. Within this framework, Legislative Act 03 of 2023 is being studied as an express authorization of the Agrarian and Rural Jurisdiction, with a mandate to ensure effective access to justice and enhanced protection for peasants, ethnic groups, and victims. The examination of effective access emphasizes entry into the system, processing with territorial understanding, and the material execution of decisions, showing how congestion and dispersion prolong legal uncertainty. At the same time, it analyzes that legal certainty depends on consistency between the cadastre, registry, and administrative files, as this is where the identification of the property and the traceability of records are defined. Finally, the institutional comparison points out that Decree 797 of 2025 reorganizes restitution procedures through a special program, the assignment of tasks among entities, provisional deliveries communicated to the judge, and rules for information exchange, with the aim of making the sequence between application, delivery, and award controllable.
Prueba técnica urbanística y debido proceso en la ley 1801
(Universidad Santo Tomás, 2026-07-27) Riaño Castañeda, Carlos Eduardo; Martinez Castañeda, Nadia Melissa; Cardenas Sierra, Carlos Alberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000379379; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002250272; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002250268; https://scholar.google.com/citations?user=_l_zU5MAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0009-0007-2962-5599; https://orcid.org/0009-0007-5595-6500
This article examines the legal value of specialized technical reports used in abbreviated verbal proceedings for urban infractions under Colombian Law 1801 of 2016. The issue lies in the tension between the administrative need for technical support to verify unlicensed construction, affected areas or urban-planning breaches, and Article 223(c), which requires technical reports to be issued by public servants at the territorial level. Based on a doctrinal methodology, a thematic review and an empirical contrast with public urban-control cases from Guarne, Sabaneta and Bogotá D.C., the paper argues that technical evidence is not merely accessory but often structures the entire police decision. The analysis shows that when an authority grounds a corrective measure on a report prepared by contractors without sufficient proof of functional authorization, risks may arise regarding evidentiary legality, material contradiction, reasoning and due process. The proposal does not ignore territorial institutional constraints, but it argues that administrative effectiveness cannot replace constitutional requirements of competence, impartiality and evidentiary control.
Análisis de la efectividad de la moción de censura en los municipios de primera y segunda categoría del Departamento de Cundinamarca
(Universidad Santo Tomás) Segura González, Mario Ricardo; Marín, Diego Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002030346; https://orcid.org/0009-0007-3649-1998
As one of the great achievements of the Political Constitution of Colombia of 1991, is the creation of the tool of the motion of censure, which enjoys a broad legal development for its effective materialization, it is thus necessary to carefully review the application of this tool and its respective execution in municipalities of first and second category of the department of Cundinamarca, in order to determine the factors (social, legal or political) that make this figure inefficient in the Colombian legal system. The figure of the motion of censure is considered as the highest political control that can be made by the Congress of the Republic, deputies and councilmen (depending on the category of the municipality) to the members of the national, departmental or municipal executive, provided both in the Political Constitution and in the regulations of the collegiate bodies.
Posibilidad de conciliar el principio de irretroactividad de la ley penal con la necesidad de investigar, juzgar y sancionar graves violaciones de derechos humanos en el marco de la justicia especial para la paz.
(Universidad Santo Tomás, 2026-05-22) Carreño Ardila , Andrés Camilo; Ballesteros Moreno, María Constanza; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001562809; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001846977; https://orcid.org/0000-0003-3147-7488; https://orcid.org/0000-0002-8291-170X
The establishment of the Special Jurisdiction for Peace (JEP) in Colombia, as part of the peace process, has sparked significant legal debates, particularly regarding the principle of non-retroactivity of criminal law. This principle, rooted in Roman law and natural law, is enshrined in the Political Constitution of Colombia and is essential for ensuring legal certainty and protecting the fundamental rights of individuals. However, in the context of transitional justice, the JEP must reconcile non-retroactivity with the need to prosecute serious violations of human rights and international humanitarian law committed during the armed conflict. Through an analysis of national and international law, the jurisprudence of the Constitutional Court and the Supreme Court of Justice has applied and adapted this principle in Colombia. The JEP has sought to balance the need for justice for victims with respect for the rights of the accused, applying international norms that criminalize heinous crimes recognized at the time of their commission, even though the retroactivity of criminal law remains a controversial issue. Given these circumstances, this article adopts a qualitative approach grounded in legal doctrine and socio-legal theory, focusing on an interpretive analysis of the scope of the principle of non-retroactivity in criminal law within the context of transitional justice in Colombia, particularly as it relates to the framework of the Special Jurisdiction for Peace. Thus, the study of the principle of non-retroactivity of criminal law in the context of the JEP is fundamental to understanding the legal and social implications of transitional justice in Colombia. Finally, through a comprehensive and balanced approach, with the aim of ensuring that the peace process is fair, legitimate, and sustainable, offering a real opportunity for reconciliation and the construction of a more equitable society, this study aims to address the following question: ¿What is the interpretation and scope of the principle of non retroactivity in criminal law within the context of transitional justice, particularly in situations where it is necessary to investigate, prosecute, and punish serious violations of human rights and international humanitarian law, such as those addressed by the Special Jurisdiction for Peace in Colombia?
Análisis crítico de las garantías procesales en el derecho disciplinario colombiano: la vulneración por pruebas extemporáneas.
(Universidad Santo Tomás, 2026-05-15) Rivera Tique, Brahyan Estiven; Yáñez Torres, Mario Humberto; Lobo Garrido, Gustavo Andrés; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001658185; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001658185; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002250265; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002250270; https://scholar.google.com/citations?hl=es&user=15jTjgwAAAAJ; https://scholar.google.com/citations?user=oN4MFZcAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9136-7403; https://orcid.org/0009-0006-8561-313; https://orcid.org/0009-0003-5993-802
This article develops a critical analysis of Colombian disciplinary law, focused on the tension between the search for material truth and the unrestricted respect for procedural guarantees. It begins by recognizing that due process, constitutionally enshrined and developed in Law 1952 of 2019, is not an empty formality but an essential limit to the exercise of the State's sanctioning power. Based on this, it examines how, in practice, some disciplinary authorities decree evidence outside the legal terms, relying on expansive interpretations of principles such as the prevalence of substantive law and the search for truth. However, the study demonstrates that these actions not only contravene the principle of legality but also configure a procedural defect that directly affects the rights of defense, contradiction, and the legal certainty of the disciplined subject. The normative and jurisprudential analysis reveals that the procedural terms in the preliminary inquiry and disciplinary investigation stages are peremptory and constitute a guarantee of legal certainty. Therefore, their disregard cannot be considered a mere irregularity, but rather a substantial violation that activates the exclusionary rule of evidence provided for in Article 29 of the Constitution, rendering evidence obtained in an untimely manner null and void.
La contratación con el estado: Un fortín de corrupción en Colombia
(Universidad Santo Tomás, 2026-04-20) Salgado Ramos, John Anderson; Pérez Orozco , Oswaldo Rafael; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001759835; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000030105; https://orcid.org/0009-0001-2830-8109; https://orcid.org/0009-0001-6491-9994
Abstract Corruption is one of the most pressing problems affecting Colombia and many countries around the world. It is a force that undermines democracy, delegitimizes the role of the State, and poses a constant threat to institutions and to the economic development of society. From this perspective, the present study aims to provide a multidisciplinary and comprehensive reflection on corruption in public administration and public procurement. It also addresses the responsibility of those individuals linked to the State who have allowed this problem to permeate institutions at the national and territorial levels, hindering progress and investment while fostering environments of bribery and clientelism, which ultimately prevent the establishment of a competitive and proactive system. Public procurement in Colombia is governed by an extensive body of regulations aimed at improving the efficiency of the contracting system in pursuit of the general interests of society and public administration. However, this legal framework is characterized by instability, which generates legal uncertainty for stakeholders who need to engage in contractual relationships with public entities in a clear and transparent manner. In the fight against corruption, it is not sufficient to rely solely on mechanisms, controls, or the intervention of a single institution. This scourge is a powerful and deeply entrenched problem embedded in the country’s history—a structural issue that Colombia has faced for decades. To mitigate or overcome it, a comprehensive approach is required, one that not only focuses on prevention but also on detection and punishment of those responsible, as well as on strengthening the legal framework, promoting transparency, and encouraging active citizen participation. In this regard, the Colombian State carries out contractual activities that must be safeguarded in accordance with constitutional and legal principles, ensuring the protection of public interests and the primacy of transparency in procurement processes. These activities should be conducted equitably and efficiently, under the oversight of control agencies, in order to combat this scourge which, without a doubt, hinders economic growth, contributes to poverty, and negatively affects the country’s development, growth, and competitiveness. A crucial role in this struggle is played by the oversight of public administration, ensuring that its functions are carried out within the parameters of effectiveness and efficiency. Equally important is social oversight, which must be exercised as a form of self-regulation in which the State and civil society collaborate to uphold shared principles. Ultimately, if the goal is to combat this scourge, coordinated efforts between the State and society are essential to progressively eradicate this problem.
Influencia del derecho administrativo en la toma de decisiones de la gerencia pública
(Universidad Santo Tomás, 2026) Duran Angulo, Natalia; Marín Monje, Diego Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000172729; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002388590; https://orcid.org/0009-0009-5010-1014; https://orcid.org/0009-0001-6450-2208
The dynamics of administrative law in Colombia have been pivotal in public management decision-making. Historically, this field of law has served as a tool to balance the powers of the State and the rights of its citizens. By establishing mechanisms for oversight, supervision, and protection, it ensures that decisions made by public entities align with current regulations and democratic principles. Accordingly, this dissertation examines the influence of Administrative Law on public managerial decision-making. Through a qualitative review of legal and administrative literature, the regulations, rules, and principles that compose it are analyzed. Proper interpretation of this legal framework is essential to ensure that the decisions made are not only effective but also equitable with the public welfare. With this approach, the aim is to contribute to the academic debate and provide a valuable reference for the strengthening of public management.
La eficacia de las medidas cautelares en procesos ejecutivos frente al incumplimiento de providencias judiciales por parte de entes territoriales en Colombia (2020-2024)
(Universidad Santo Tomás, 2026-02-09) Solano Mendoza, Yesenia Yohana; Ballesteros Moreno, Maria Constanza; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001562809; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002250279; https://scholar.google.com/citations?user=rFjinXkAAAAJ&hl=es&oi=sra; https://scholar.google.com/citations?view_op=search_authors&mauthors=Yesenia+Solano+Mendoza&hl=es&oi=ao; https://orcid.org/0000-0003-3147-7488; https://orcid.org/0009-0004-7527-6367
In a Social and Democratic State governed by the Rule of Law, the effectiveness of interim measures is a decisive element of effective judicial protection, as the value of judicial decisions depends on their material enforcement rather than their mere declaration. Between 2020 and 2024, the Colombian legal system has faced persistent tension between judicial authority and the restrictions imposed by the fiscal and administrative structure of territorial entities, where fiscal sustainability and the immunity of public funds from seizure regularly act as common obstacles to enforcing final rulings. This analysis, based on a qualitative, documentary, and hermeneutic methodology, identifies normative, institutional, and operational causes that limit the real scope of interim measures and directly affect effective judicial protection. The findings reveal a structural issue marked by fiscal rigidity, institutional disarticulation, and operational shortcomings that weaken the coercive force of judicial orders. Overcoming this divide requires harmonizing fiscal sustainability with fundamental rights, revisiting budgetary immunity, and strengthening inter-institutional mechanisms to ensure the actual enforcement of judicial decisions.
La limitación de la tipificación del abandono de cargo y o ausentismo laboral en la ley 1952 de 2019: Una crítica a la exclusividad del dolo.
(Universidad Santo Tomás, 2026-01-22) Alonso Villamil, Shirley Paulet; , Carlos Alberto; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000379379; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001927852; https://scholar.google.com/citations?user=_l_zU5MAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0009-0008-0732-6798
Disciplinary Law is a state tool to ensure the proper functioning of public administration. Its objective is to prevent and punish conduct that harms the service, promoting the accountability of public officials. However, its application presents omplexities, especially in the attribution of intent or negligence. A major criticism is the tendency to automatically classify offenses such as dereliction of duty solely on the grounds of intent, ignoring external factors such as the entity's internal procedures, among others, which could undermine the element of culpability, crucial in any sanctioning system.
Tensión entre ley estatutaria y ley ordinaria. Reforma a la salud en Colombia.
(Universidad Santo Tomás, 2026-01-20) Romero Pinto, Roger Mario; Martínez Camacho, Mariangélica Janeth; Marín, Diego; Universida Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001312219; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002030343; https://orcid.org/0009-0005-4984-5703; https://orcid.org/0009-0003-0382-3213
The purpose of this article is to make an analysis within the system of sources of law in our legal system, whose starting point is associated with the theory of the treatise writer Hans Kelsen (1982), entitled The Pure Theory of Law. From there, the value of this research lies in the normative description of the law as a formal source of law and then the approach that we make trying to answer the legal problem established regarding the tension that exists between the ordinary law and the statutory law within the process of health reform, particularly base don Statutory Law 1751 of 2015, which enshrines the fundamental right to health. The article concludes that substantial reforms to the right to health must be subject to statutory procedures to preserve the principle of constitutional supremacy and international standards for the protection of fundamental rights.
Bajo la ègida de un ministerio. Policia Nacional, ¿cuerpo civil o militar?
(Universidad Santo Tomás, 2026-01-19) Herrera Jacobo, Juan Gabriel; Lobo Garrido, Gustavo Andrés; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001658185; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000030225; https://orcid.org/0000-0001-9136-7403; https://orcid.org/0009-0004-3682-5407
The dual functions performed by the National Police allow us to understand its civilian nature and the military development experienced by the institution. It was constitutionally created to protect citizens, a task it has carried out since its inception, safeguarding the property and honor of citizens; a public police service in pursuit of Colombian social order. This challenge it has been taking on for over a hundred years, while not ignoring the new challenges of confronting insurgent movements and emerging criminal gangs. In addition to its civilian nature, it has assumed functions as an armed force, which today require it to redefine its civilian and military nature. This traditional relationship with the Colombian people, affected by the post-conflict, raises questions about its mission to protect the country's security and institutions.
Analisis de la reforma tributaria y su impacto en la canasta familiar de los colombianos entre los años 2010-2022.
(Universidad Santo Tomás, 2025-11-17) Pabón Gutiérrez, Dayana Stefany; Cardenas Sierra, Carlos Alberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000379379; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001919355; https://scholar.google.com/citations?user=_l_zU5MAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0000-0001-6966-3302
An exhaustive analysis was carried out of all the tax modifications made to the different taxes that Colombians pay every time a tax reform is approved; specifically on taxes and the tax on the family basket during the years 2010 – 2022. Subsequently, the negative effects on the fundamental rights of Colombians were compared in accordance with the articles dictated by the Political Constitution of 1991. For this, secondary research on each tax reform approved from 2010 to 2022; Subsequently, figures were presented evidenced in graphs, benefits at the collection level, possible destination, the reasons, the effects on the general population through investigative documentation; In addition, they included perception surveys of 45 people related to the reforms studied and their effects on the family basket. The results of the research corroborated the impact of each article approved by the tax reforms on the consumption of Colombians during the years of study, reflected through the collection of VAT, the collection of the national consumption tax, the adjustment of VAT on some products of the family basket and the healthy tax on ultra-processed products. In conclusion, it was possible to understand the violation that Colombians have in the face of so many taxes and fees that are approved by each reform, causing them to lose purchasing power and making it possible to reduce the quality of life of families.
Desafíos constitucionales de la privacidad en la era digital: La eficacia del derecho público en la protección de datos personales
(Universidad Santo Tomás, 2025-10-23) Calderón Calderón, Rafael Enrique; Pinedo Méndez, Mario Federico; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001078763; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002397100; https://orcid.org/0000-0002-2311-1307; https://orcid.org/0009-0006-7379-5811
This article analyzes the Colombian legal framework in charge of guaranteeing the right to the protection of information and privacy under the unauthorized dissemination of materials and private information in the digital era. For this purpose, it is studied based on the objectives of: 1) evaluating the effectiveness of current laws and their practical implementation and 2) proposing specific reforms to strengthen the legal framework of the right to privacy. A qualitative approach is chosen, with an exploratory-descriptive and an expository-comparative phase, in which Article 15, Law 1266 of 2008 and Law 1581 of 2012 are evaluated, in order to compare international legislations. By way of conclusion, this work underlines the importance of citizen education on digital privacy and the urgency of strengthening the laws in Colombia that guarantee it.
Efectividad Constitucional de los Mecanismos de Reparación a Mujeres Víctimas del Conflicto Armado en Colombia: Derivaciones del Proyecto de Investigación
(Universidad Santo Tomás, 2025-08-18) Cepeda Garcia, Luis Sebastian; Victoria Russi, Angelo Mauricio; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000521264; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002123315; https://orcid.org/0000-0002-1423-9392; https://orcid.org/0009-0003-0575-4119
This article examines the gap between the constitutional recognition of victims’ rights and the actual effectiveness of reparations mechanisms for women affected by Colombia’s armed conflict. Although the 1991 Constitution and Law 1448 of 2011 provide a comprehensive normative framework, their implementation reveals systemic limitations in terms of access, opportunity, and gender responsiveness. The research aimed to assess the real impact of these mechanisms on women, based on a qualitative methodology that combined documentary and jurisprudential analysis with case studies of female victims of forced displacement, sexual violence, and land dispossession. The findings indicate that bureaucratic delays, underfunding, and institutional insensitivity continue to hinder effective reparations, especially in rural and ethnic territories. Women’s participation in decision-making remains limited, and the integration of differential approaches is still exceptional rather than structural. The study concludes that an inclusive and transformative reparations policy must simplify procedures, strengthen gender-sensitive institutional capacities, and ensure that women’s voices and life experiences guide the design and implementation of reparative actions.
Corte IDH y el fallo en el caso Petro VS Colombia : un reto para el ordenamiento jurídico colombiano
(Universidad Santo Tomás, 2025-07-03) Valenzuela Chávez, Iván Danilo; Ballesteros Moreno, María Constanza; Universidad Santo Tomás; https://orcid.org/0009-0003-9168-9877
This article will analyze and determine whether the Colombian State has complied with the ruling issued by the Inter-American Court of Human Rights in the Petro v. Colombia case. This will determine whether the State is complying with its international obligations. Following this, and after conducting a thorough analysis of the situation at hand, viable alternative solutions will be proposed to address and overcome the difficulties that have arisen in legal and institutional structure matters. To this end, it is essential to consult bibliographic and jurisprudential sources that help provide an analytical and descriptive approach to the factual and legal circumstances. In short, the ultimate goal of the analysis stated will lead to the conclusion that there has been a clear failure to comply with the ruling of the Inter-American Court of Human Rights. This, in turn, will lead to considering the feasibility of promoting a constitutional reform that would bring the State definitively into compliance with the normative provisions of the Pact of San José, especially those contained in Article 24.
La Superintendencia de Servicios Públicos Domiciliarios de Colombia y la Separación de Ggerentes o Administradores de Empresas Prestadoras
(Universidad Santo Tomás, 2025) Bolívar Gómez, Michael Yesid; Cardenas Sierra, Carlos Alberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001534510&lang=es; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000379379; https://scholar.google.es/citations?hl=es&user=HgNzxYsAAAAJ; https://scholar.google.com/citations?user=_l_zU5MAAAAJ&hl=es&oi=ao; https://orcid.org/0009-0005-0389-6898/; https://orcid.org/0000-0001-9918-6666
The Superintendency of Public Services ensures compliance with the legal regime applicable to those who provide these services and their complementary activities, through instruments granted mainly by Law 142 of 1994, among which is its sanctioning power (#4 and 7 art. 81) and administrative measures (art. 58 et seq.) to take possession and separate managers or administrators of service providers, however in the history of that entity, this separation has not been ordered as a sanction, but rather more expeditious mechanisms have been used so that, by virtue of a taking possession, managers or administrators are preventively separated from their position. All of this is analyzed based on the legal nature and purpose of this superintendence, followed by some considerations on the disuse of the sanctions in numerals 4 and 7 of article 81, with a case study for companies on the Caribbean coast on administrative measures of takeover that illustrates the way in which the separation of managers or administrators of companies providing these services in Colombia has been handled during the last decade.
Cobro Coactivo: Facultad de la Adres en Accidentes de Tránsito Sin Soat para Recuperar los Recursos Públicos
(Universidad Santo Tomás, 2025) López Pinilla, Angie Lorena; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002372217; https://scholar.google.com/citations?hl=es&user=eyuBHGgAAAAJ; https://orcid.org/0009-0002-5090-6081
This research article analyzes the coercive collection, as the power of the Administrator of the Resources of the General System of Social Security in Health (ADRES), in traffic accidents with victims who do not have a valid SOAT at the time of the accident, as a tool or procedure to recover public resources used to cover medical assistance or compensation resulting from the traffic accident and financed by the Colombian State, since in the last few years there has been an increase in the number of traffic accidents involving vehicles without the respective policy, thus causing the use of public resources as a consequence of the non compliance of the obligations by the owners of the vehicles involved in the accident.
Herramientas Útiles para el Operador Administrativo y Juristas al Momento de Abordar la Consulta Previa
(Universidad Santo Tomás, 2024-11-19) Espín Acosta, Francisco José; Cardenas Sierra, Carlos Alberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000379379; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001988341; https://scholar.google.com/citations?user=_l_zU5MAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0009-0006-0772-6121
This text aims to reflect on several useful concepts for administrative operators or legal professionals in light of the fundamental right of prior consultation, reflect on concepts such as the State and the Colombian Constitution, from the perspective of the right of origin, in response to the existence of realities such as multiculturalism, interculturalism and plural rights in our country. An issue in which recognition and important steps have been taken, this implies confronting the institutions produced by the law of the majority society and those of its own or original law. The problem lies in the tensions between the theory of traditional law and that of the law of origin, as well as the theory of the state and non-Western conceptions of it, as well as the application and implementation of these figures. Including such concepts can result in the effective application of the constitution, as in a new analysis of the theory of the state, its foundation and its content and the law (This is only as an appetizer, for more in-depth studies on these topics). Since a study of the concepts of law, jurisprudence, its development and action are required, for the sake of brevity, the constitution, the state and the law of origin are analyzed in an introductory manner, as well as concepts of multiculturalism interculturalism and pluri law as necessary tools for jurists and operators, understanding the need to have the capabilities to equal and recognize other legal discourses.
Garantías Constitucionales y Sanciones Disciplinarias en el Servicio Público: un Enfoque Jurídico
(Universidad Santo Tomás, 2024) Hernández Leyton, Jhonathan Hermes; Pinedo Méndez, Mario Federico; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001078763; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002030337; https://orcid.org/0000-0002-2311-1307; https://orcid.org/0000-0002-3082-6837
It is pertinent to review the compliance with the rules that allow all public officials to participate from a base of transparency and equality, which favors both objective and subjective conditions for accessing the constitutional guarantees offered by the State, under equal conditions. This includes adopting positive actions to achieve the real enjoyment of rights for those who are marginalized or discriminated against in terms of access to participation. Furthermore, within the process, deficiencies are presented in terms of factual legal grounds for recognizing the guarantees of public officials.
Incidencia De Los Acuerdos Marco De Precios Para La Contratación Pública En La Libre Competencia Y Libertades Económicas
(Universidad Santo Tomás, 2025) Pantaleón Rodriguez, Gladys Lorena; Sanchez, Hugo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002220045; https://orcid.org/0009-0007-9784-980X
This legal research article analyzes the impact of price framework agreements implemented in public procurement in Colombia, on free competition and economic freedoms. It is hypothesized that while these agreements potentially promote efficiency and cost savings, they may also limit free competition if they are not designed and implemented with appropriate safeguards and monitoring mechanisms. Through a documentary review of norms, jurisprudence and doctrine, the constitutional and legal foundations of the framework agreements, their operation and the potential risks they imply for the equitable participation of proponents in the market are examined. The analysis seeks to find a balance between the objectives of administrative efficiency and the principles of economic freedom, identifying strategies to mitigate the restrictive effects of these instruments on competition. The findings point to the need to strengthen regulation, transparency and monitoring in the use of framework agreements, to guarantee the plurality of bidders and avoid exclusionary practices. The study provides elements to optimize public procurement in Colombia, harmonizing the goals of good government with the protection of economic freedoms.

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