Maestría Derecho Público
URI permanente para esta colecciónhttp://hdl.handle.net/11634/150
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Ítem 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/0009-0006-0772-6121This 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.Ítem 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/0000-0002-3082-6837It 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.Ítem 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/0009-0007-9784-980XThis 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.Ítem La Potencialidad de los Bonos de Carbono Como Estrategia Financiera para la Amortización de Deuda Externa en un Marco de Desarrollo Económico Sostenible(Universidad Santo Tomás, 2024) Eugenio Duarte, Keitty Gabriela; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000185413; https://scholar.google.com/citations?hl=es&user=L4JyKZ0AAAAJ; https://orcid.org/0000-0002-9955-7487This research analyzes the legal, regulatory, and financial impact of Green Bonds and Carbon Credits as instruments for the amortization of external debt in Colombia, within the context of sustainable economic development. It is proposed that the proper implementation of these financial mechanisms could help Colombia manage its debt in a sustainable manner by channeling resources into environmentally and socially responsible projects. The thesis examines successful international cases, such as those of Chile and France, and argues that with adequate regulation and incentive policies, Colombia could overcome legal and financial barriers to leverage these tools in its transition to a low-carbon economyÍtem El Debido Proceso en el Trámite Administrativo Sobre Energía Retroactiva o no Facturada en Villavicencio a Partir de 2015(Universidad Santo Tomás, 2024) Alfonso Unigarro, Ana Marlenne; Pinedo, Mario; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001375096This research, with an exploratory, descriptive scope, was developed from situations that constitute a problem when there is no compliance with the constitutional rights and procedural guarantees that are part of the Due Process, determined by the Law, as a procedural guarantee in the field. of the rights of the individual, and in general as a principle of the of any society, which must be applied in all legal relations. The main objective will be determined: Identify, if the administrative procedure for the collection of retroactive energy or not invoiced to the users of the capital of Meta, from the year 2015, guarantees the Due Process or if there are factors of violation of the right that they have users to defense and contradiction and/or detect, possible elements that influence. The research is of a qualitative approach, of an applied socio-legal type, and interpretive, with a documentary part that frames the theories, the constitution and the law, and an empirical part, on the real situation of the context. The population, is the users framed in retroactive or unbilled energy charges of the capital of Department Meta, their selection based management reports of the personería, regarding the problem, the sample of 40 subscribers to whom they opened process , collection or change of equipment, for retroactive or unbilled energy and 5 members of the company; the data collection techniques were: informal chat and interview with questionnaire instrument. A result, it is established that there are situations in which the due process is violated in the administrative procedures for the collection of retroactive and/or unbilled energy, which spoils the economy and the good concept in the users and prevents the company from , to be able to collect a true fraud without affecting your economy, which can be avoided by executing an adequate procedure.Ítem Eficacia de la Revocatoria de Mandato y sus Efectos Desde la Perspectiva constitucional(Universidad Santo Tomás, 2024) Moreno Rengifo, Daimer Manuel; 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=0002030345; https://orcid.org/0000-0002-2311-1307The objective of this article is to analyze the effectiveness of the figure of the revocation of the mandate from the constitutional perspective. To develop this study, the descriptive method was used, since it allowed to synthesize and analyze the information that rests on the different bibliographic sources consulted. The results of this study showed that the exercise of this political right, in accordance with the terms and deadlines set by the constituent assembly, allows citizens to recall governors and mayors, however, it was evident that neither in the National Electoral Council, nor in the National Registry of Civil Status this procedure is carried out quickly and efficiently. Finally, this study showed that, in Colombia, there is no mechanism that makes a technical control of the government plan, in order to be able to technically verify whether the government plan has been fulfilled or not, which could constitute an effective tool to guarantee the effectiveness of the political right that citizens have against governors and mayors.Ítem Estado Social de Derecho Colombiano: una Mirada al Concepto de Territorio y su Organización en los Pueblos Indígenas(Universidad Santo Tomás, 2024-09-12) Gómez Bello, Zamira Gizet; Duque Ayala, Corina; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000790290; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001784754; https://scholar.google.es/citations?hl=es&user=iGcnOmMAAAAJ; https://orcid.org/0000-0003-1922-0647; https://orcid.org/0000-0002-4239-5536The definition of territory and its organizational forms have been the subject of discussion during this last century; the above is partly due to the transformation that has occurred in the recognition of other forms of life, organization, culture and politics that have led us to rethink the classical theories in the formation of the State, as one of the examples of this exercise is the relationship with native people. It is in this sense that this research is framed in the observation and description of the theoretical and legal foundations that were taken into account in the concretion of the concept of territory in the Colombian State, its relationship with the native people, and the bets that were made with occasion of the 1991 Constitution that allows us, in a first measure, to recognize the indigenous territory not from the geographical but from the cultural, social, jurisdictional and administrative scope, which would allow us to advance in a restructuring of the classic vision of the concept to recognize and protect the organizational visions of native people.Ítem Moción de Censura en Colombia y su Impacto en Separación de Poderes y Gobernabilidad Democrática(Universidad Santo Tomás, 2024-08-15) Reyes Plata, Daniel Ricardo; 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=0001601450; https://orcid.org/0000-0002-2311-1307; https://orcid.org/0009-0008-8475-0576This article analyzes the motion of censure in Colombia, a key mechanism of political control by Congress over the government. It examines its historical evolution, legal framework, and its impact on the separation of powers, governance, and democracy in the country.Ítem Eficacia de la aplicación del precedente judicial(Universidad Santo Tomás, 2024-07-22) Garcia Martinez, Fernando Andres; 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=0002116624; https://scholar.google.com/citations?hl=es&user=_l_zU5MAAAAJ; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0009-0007-2407-2534The application of judicial precedent as a source of law, regardless of the profound discussions in the judicial and academic sphere, as indicated by the highest courts of constitutional, contentious and ordinary jurisdiction. This article seeks to analyze the impact on the application of judicial precedent. For this purpose, a mixed study was undertaken, with a descriptive orientation, in which the questionnaire was the main instrument for collecting information.Ítem Hacia una Movilidad Eficiente: Desafíos y Estrategias en Ciudades en Crecimiento(Universidad Santo Tomás, 2024) Rodríguez Acosta, Rosyany; Pinedo Méndez, Mario Federico; Universidad Santo Tomás; https://orcid.org/0000-0002-2311-1307; https://orcid.org/0000-0001-7472-5686The public transportation system in Cartagena, Colombia, faces complex challenges that affect its efficiency, equity, and sustainability. Among these challenges are infrastructure issues and traffic congestion, as well as concerns about safety, service quality, and accessibility. In this article, the current situation of public transportation in Cartagena is examined in depth, from urban planning to implemented policies and emerging technologies. The importance of comprehensive planning that considers citizens' needs and promotes more efficient and accessible public transportation systems is highlighted. Solutions such as improving road infrastructure, promoting non-motorized public transportation, and using electronic information and payment systems are proposed. The benefits of integrating emerging technologies, such as shared mobility and autonomous vehicles, are discussed. Addressing these problems collaboratively aims to improve quality of life and promote sustainable urban development in Cartagena. The importance of coordination between public and private sectors is emphasized, as well as the need for public education and awareness to encourage more sustainable mobility behaviors.Ítem La Responsabilidad de los Jueces en la Toma de Decisiones al Inhibirse, Dejando al Arbitrio a las Entidades del Orden Distrital el Derecho de la Propiedad Privada(Universidad Santo Tomás, 2024-07-03) Rodríguez Palacios, Juan José; Martínez Medina, Sergio; Cárdenas Sierra, Carlos Alberto; Universidad Santo Tomás; https://scholar.google.es/citations?hl=es&user=_l_zU5MAAAAJ; https://scholar.google.es/citations?hl=es&user=Y9WD4oIAAAAJ; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0009-0006-2658-8545; https://orcid.org/0000-0002-0868-1934The discussion of the arbitrariness in taking or cutting off private property by the District administration, without paying its owner the value that corresponds to said action, leaves as the only way to go to the Administrative Litigation Jurisdiction to resolve the dispute, however, once the administration of justice is reached, due to the simple negligence of the lack of will on the part of the Contentious Judge of First Instance in not ruling on the merits, the difference is once again resolved by the entity that was primarily required. Readers will learn that within society there will be divergences between the administration and those administered and more so in the case of a society as complex as ours, private property will be a subject with very delicate nuances; however, there are entities that settle these conflicts as guarantors, we call them administrative judges, which are entities in charge of safeguarding said rights; However, there are factors that cloud the task of these legal operators, such as the aspiration for a better job within the same judicial branch, and they do not fail in law so as not to see their salary aspirations harmed by pure bureaucracy; the overload of processes for judges and their collaborators within the offices, can also be a determining reason when they rule outside the context of justice; Lastly, it may be the work overload that does not allow them to take the time to study the case and make an in-depth decision.Ítem La Declaración de la Emergencia Económica, Social y Ecológica Causada por el SARS-CoV-2 Coronavirus -19 y su Impacto en el Cumplimiento de las Metas del Plan de Desarrollo del Departamento del Meta Durante el Periodo 2020-2023(Universidad Santo Tomás, 2024) Zapata Lopez, Katherine; Sánchez Hernández, Hugo Alejandro; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001088190; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001534202; https://scholar.google.com/citations?user=TMRCxIYAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-5150-5912; https://orcid.org/0009-0003-2899-2021The World Health Organization (WHO) on the occasion of the vertiginous spread of SARS-CoV-2 .- Coronavirus-19, a disease that attacked millions of human beings in different regions of the world, decides to declare an international emergency in order to that countries could be prepared, with extreme prevention measures and thus avoid contagion and high deaths in each nation. Situation that would allow the exchange of information, analysis and evolution of the virus and possible answers in finding the vaccine that at the time was uncertain, without a doubt the world experienced one of the most complex situations of the 21st century, teaching human fragility and unraveling the economic and social systems. One of the measures adopted as part of the virus containment strategy was mandatory social isolation for the entire territory, conceived as a fundamental health line, thus hoping that the country's health system would not collapse, this led to the interruption social and productive life, a situation that detonated in a social and economic crisis, in other words, specifically, in a systemic crisis of human development. One of the measures adopted as part of the virus containment strategy was mandatory social isolation for the entire territory, conceived as a fundamental health line, thus hoping that the country's health system would not collapse, this led to the interruption social and productive life, a situation that detonated in a social and economic crisis, in other words, specifically, in a systemic crisis of human development. The affectation was so devastating that the measures taken by the Bank of the Republic and the National Government were insufficient to ward off the effect that, on public health, employment, basic income, economic stability of workers and companies, and the fiscal sustainability of the economy, would require more concrete decisions in order not to widen the existing inequality gaps in the country. For this reason, the President of the Republic declared, through Decree 417 of March 17, 2020, the State of Economic, Social and Ecological Emergency throughout the national territory and, subsequently, extended it through Decree 637 of March 6. May 2020 in order to ward off the effects of the Covid-19 pandemic, as things are and with the understanding that these measures would significantly impact the territories in the country, it is intended through this document to identify compliance with the goals set by local leaders, specifically the one that serves as a navigation chart for equity and development of the Department of Meta "2020-2023", a project called "LET'S MAKE META GREAT" four-year route of the government of Mr. Juan Guillermo Zuluaga, who for the regional elections of 2019, he achieved victory with a margin of 32.39% over the other candidates, obtaining 152,798 votes, likewise carrying out an analysis in the subsequent process of lack of confinement and return to new normal conditions and finally the impact in the socioeconomic recovery and productive reactivation in the 29 Municipalities.Ítem Invisibilidad y Riesgo de Apatridia. Caso de Estudio: Mujeres Trans Embera del Santuario – Risaralda.(Universidad Santo Tomás, 2024) Acosta Sanchez, Maria Ximena; 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=0001689461; https://scholar.google.com/citations?user=gNTDKPYAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-3147-7488; https://orcid.org/0000-0001-6511-3549This document focuses on analyzing the administrative obstacles faced by Embera trans women settled in the Sanctuary – Risaralda to access the identification system with a differential approach, in such a way that its problematizing axis revolves around the following research question How to overcome the administrative barriers around identity recognition to counteract the risk of statelessness in the population of Trans Embera Women of Santuario – Risaralda? Methodologically, it is a qualitative, ethnographic study. The corpus of the research is documentary and is made up of Colombian legislation, doctrine and jurisprudence that deals with a differential approach to identity rights for the indigenous population. The technique selected for collecting information is content analysis, in that sense, the analysis matrix instrument was designed. Likewise, the following categories of analysis were established: Identity Rights, Embera Indigenous People, Trans-Indigenous Women and Differential Approach. It should be noted that this document configures its level of impact in the short, medium and long term in two fundamental lines: examine the differential approach applied by the National Registry of Civil Status as a model of care for the registration process of indigenous peoples and study the scope and importance of access to identity rights as a route for the exercise of legal personality and avoiding the risk of statelessness of indigenous women beyond Embera.Ítem La Pandemia y las Tensiones entre los Derechos Fundamentales al Trabajo y a la Salud, un Análisis desde el Test de Proporcionalidad(Universidad Santo Tomás, 2024) García Jaimes, Fabio Gilberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000133432; https://orcid.org/0009-0008-4404-1185The objective of this article is to describe and analyze the tensions generated between the fundamental right to work and the fundamental right to health, as a consequence of the restrictions and limitations that were imposed on people, through decrees: 417, 457, 531, 488, 770 of 2020 and resolution 385 of 2020 to try to contain the spread of COVID 19. The writing aims to demonstrate how these decrees drastically limited and restricted the fundamental rights to health and work, generating tensions and collisions between them that triggered serious imbalances in the productive apparatus with disastrous economic and social consequences that translated into a deterioration of the fabric. social, growth in unemployment and the economic capacity of the most vulnerable populations. The study included the review and analysis of primary and secondary sources, including: the political constitution of Colombia, the decrees: 417, 457, 531, 488, 770 and resolution 385 of 2020, jurisprudence and doctrine, figures and data from DANE in regarding economy, employment and health and the opinion of unions, economic sectors and the media was also taken into account, in this way the structure and content of this article was configured, which is divided into four parts as follows: Origin of the pandemic, emergency decrees, facts, data and effects, application of the Proportionality Test and conclusions. The topic is of interest, because it raises the contradictions that can arise when a crisis of this nature confronts fundamental rights and what the institutional response should be, when similar crises occur, where on the one hand the economy and the fundamental right to work and health.Ítem “La ley de Cuotas y su Contribución en la Participación Política Desarrollo Liderazgo y Fortalecimiento de Capacidades del Municipio de Yolombo – Antioquia”(Universidad Santo Tomás, 2022-12-15) Arroyave, Lina María; 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=0001785464; https://scholar.google.com/citations?user=gNTDKPYAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-3147-7488The purpose of this article is to analyze the current conditions of women's participation in decision-making spaces in Colombia, to answer the question: "Has the Colombian Constitution contributed to reducing gender inequality gaps and strengthened the participation of women in Colombia in decision-making spaces? For this purpose, participation statistics, doctrine and the legal system will be analyzed with a comparativeÍtem Vigencia y Aplicabilidad de los Criterios Diferenciales y los Contratos de Asociaciones Público-Populares en el Sistema de Compras Públicas de Colombia(Universidad Santo Tomás, 2024) Mazo Bohórquez, Sergio Alejandro; Duque Ayala, Corina; Duque Ayala, Corina; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000790290; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001276670; https://scholar.google.com/citations?user=iGcnOmMAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-1922-0647; https://orcid.org/0009-0004-0278-9006This paper introduces the normative background and approaches some of the complications during the management and development of the measurements that allows the inclusion of some participants like Mipyme, women entrepreneurships, Popular Economics participants, Community and social Action Groups as well as other social organizations within the Public Government Procurement framed by the different basic requirements, qualifications, tie-brakers and decision makers for new purchasing contracts within the Estatuto General de Contratación.Ítem El Reconocimiento de la Nacionalidad Colombiana a Niños, Niñas y Adolescentes Migrantes que se Encuentran Bajo la Protección del Estado Colombiano(Universidad Santo Tomás, 2024) Cuatindioy Obando, Diana Maritza; Cárdenas 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=0002183400; https://scholar.google.com/citations?user=_l_zU5MAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0009-0000-3493-0722This document presents an analysis of the importance and need that Colombia has to implement legislation that allows recognition of the nationality of migrant children and adolescents who are in Colombian territory, especially those located in the State protection services. ; because it is necessary for the administrative authorities to define their legal situation in the terms contemplated in Law 1098 of 2006, with measures to restore rights such as adoption. A measure that cannot be applied to those who do not hold Colombian nationality, which implies a long stay in substitute homes, without the possibility of being placed back in their family environment and without the possibility of having a family through adoption.Ítem La Extensión de Jurisprudencia del Consejo de Estado en Colombia: un Análisis Crítico de sus Deficiencias con La Ley 1437 de 2011 y los Desafíos de la Ley 2080 de 2021(Universidad Santo Tomás, 2024) Leyva Celiz, Leonardo; Sanchez Hernandez, Hugo Alejandro; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001088190; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002210767; https://scholar.google.com/citations?user=TMRCxIYAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0001-5150-5912; https://orcid.org/0009-0002-8947-2962With the creation of the Code of Administrative Procedure and Administrative Litigation (Law 1437 of 2011), the legislator introduced the figure of the extension of the jurisprudence of the Council of State to third parties, with the aim of having justice more accessible to citizens and help with the decongestion of the contentious-administrative jurisdiction. However, the mechanism, as it was created, has shown certain deficiencies, which have not allowed it to fully satisfy the initially proposed objectives. For this reason, a decade later Law 2080 of 2021 emerged, which modified Law 1437 and aims to make the Colombian judicial system more efficient and effective in administrative matters. Therefore, to have a comprehensive vision of the topic, this article will explain the nature and purpose of the extension of jurisprudence, the procedure and the characteristics of the mechanism, which emerged with Law 1437 of 2011. Also, the deficiencies that it has presented and the challenges that the extension of jurisprudence must continue to face with its modification in Law 2080 of 2021.Ítem La eficacia normativa del Decreto 1077 de 2015 frente a la expedición de licencias de subdivisión de predios rurales en el Municipio de Tibaná, Boyacá.(Universidad Santo Tomás, 2024) Casteblanco Quincos, Luis Alberto; Cárdenas 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=0002158415; https://scholar.google.com/citations?hl=es&user=_l_zU5MAAAAJ; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0000-0003-0959-5066This study presents an exhaustive analysis of the historical regulatory framework surrounding the establishment of Family Farming Units, from its creation to the present, in light of the Political Constitution of 1991. The definition and characteristics of these units are examined, as well as the as the integration of the elements necessary for land production to form a basic production company. In addition, recent modifications to the rule and their consequences for the granting of subdivision licenses are clarified. In particular, the effectiveness of Decree 1077 of 2015, which governs the issuance of licenses for the subdivision of rural properties in Tibaná, Boyacá, between 2013 and 2020, is analyzed. An exegesis was carried out based on the documentary investigations found and the figures reflected in state reports that show the state of the rural territory of Boyacá and its direct relationship with smallholdings and microfarmings. A right of petition was made to the Mayor's Office of Tibaná, Boyacá requesting data and figures to evaluate the impact of the decree, and its most recent modification, Decree 1783 of 2021, which modifies article 2.2.6.1.1.6 of Decree 1077 of 2015, to determine its implications in the granting of subdivision licenses for rural properties in the municipality. Finally, the conclusions of the research are presented.Ítem Hacia la Regulación de las Plataformas Digitales de Transporte en Colombia(Universidad Santo Tomás, 2024) Castro Melo, Juan Carlos; 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=0002035059; https://scholar.google.com/citations?hl=es&user=_l_zU5MAAAAJ; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0009-0001-9279-3663Throughout history, the arrival of new technologies has caused human beings to mold our preferences and ways of living, affecting existing markets that are unable to adapt. Thus, electronic transportation platforms have arrived in the Colombian market to compete with taxi-type vehicles, which are over-regulated by the State and its legislation, leaving them at a disadvantage, as well as an existing gap in terms of quality and safety of users of this service. This poses a challenge for the state in order to adapt Colombian legislation to the new needs of its partners, without affecting the market with an over-regulation that hinders free competition.