Maestría Derecho Administrativo

URI permanente para esta colecciónhttp://hdl.handle.net/11634/145

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La nulidad electoral por doble militancia por apoyo a campañas políticas en Colombia (2019 - 2023): análisis comparativo de la jurisprudencia del consejo de estado y sus implicaciones para la democracia
(Universidad Santo Tomás, 2026-07-12) Mesa Saavedra, Andrés Felipe; 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=es
The Colombian democratic system is based on the existence of political parties and movements that channel citizen participation and structure electoral competition. Within this context, the Political Constitution of 1991 recognized political parties as fundamental institutions of the democratic system and established principles aimed at guaranteeing party discipline, electoral transparency, and the stability of the political system. Among these principles is the prohibition of double political militancy, expressly incorporated into Article 107 of the Constitution and subsequently developed by Law 1475 of 2011 (Political Constitution of Colombia, 1991; Law 1475, 2011). Double militancy constitutes a legal mechanism aimed at strengthening the party system and preventing practices that may affect the ideological coherence of political organizations or distort electoral competition. In general terms, this legal figure seeks to prevent members of a political party from simultaneously supporting or participating in political projects different from those represented by the organizations to which they are affiliated. Within the framework of judicial electoral review, double militancy is particularly relevant because it constitutes one of the grounds for electoral annulment established in Article 275, paragraph 8, of the Code of Administrative Procedure and Administrative Litigation (2011). In Colombia, the analysis and application of this legal figure has been developed mainly by the Fifth Section of the Council of State, the judicial body competent to hear electoral annulment proceedings. Through its case law, this court has established interpretative criteria for determining when double militancy is constituted, particularly in the form of supporting candidates belonging to political parties or movements different from those supporting the candidate concerned. However, the interpretation of this legal figure has generated significant legal debates, particularly regarding the scope of electoral precedent, the protection of political rights, and the relationship between the electoral review exercised by the Council of State and the constitutional review developed by the Constitutional Court. In recent years, various judicial decisions have revealed interpretative tensions between these two jurisdictions, especially in cases in which the Constitutional Court has reviewed or modified decisions adopted by the electoral judge. This scenario raises important questions regarding the limits of constitutional review in electoral matters and the impact that such interventions may have on legal certainty within the Colombian electoral system. Within this context, the following research problem arises: what are the jurisprudential criteria used by the Council of State to determine the existence of electoral annulment based on double militancy in the form of political support, and to what extent are these criteria consistent with the protection of political rights and with the constitutional review exercised by the Constitutional Court within the Colombian electoral system? Based on this problem, the general objective of the research is to critically analyze the jurisprudential development of the Council of State regarding electoral annulment based on double militancy in the form of political support, in order to identify the interpretative criteria used to establish its existence, as well as the tensions that these criteria generate in relation to the protection of political rights and the constitutional review exercised by the Constitutional Court. To achieve this purpose, the following specific objectives are established: (i) to examine the constitutional and legal framework governing electoral annulment based on double militancy within the Colombian legal system; (ii) to analyze the jurisprudential development of the Council of State regarding electoral annulment based on double militancy in the form of political support, based on the study of the principal precedents issued between 2019 and 2023; and (iii) to critically evaluate the interpretative criteria adopted by the Council of State in establishing this ground for electoral annulment, identifying the existing tensions with the case law of the Constitutional Court regarding the protection of political rights and legal certainty within the electoral system. The research is conducted under a qualitative legal approach aimed at interpreting the normative and jurisprudential framework governing double militancy in Colombia. From a methodological perspective, the study falls within the scope of doctrinal-legal research, insofar as it examines the content of the applicable constitutional and statutory provisions, particularly Article 107 of the Political Constitution, Law 1475 of 2011, and Article 275 of the Code of Administrative Procedure and Administrative Litigation. Likewise, the research incorporates a jurisprudential analysis focused on the study of decisions issued by the Fifth Section of the Council of State regarding electoral annulment based on double militancy in the form of political support, particularly those adopted between 2019 and 2023. Based on this analysis, the interpretative criteria used by the electoral judge are identified and the tensions existing with constitutional jurisprudence are examined. For this purpose, documentary analysis is primarily employed through a systematic review of legal provisions, constitutional and administrative litigation case law, as well as specialized scholarship on electoral and constitutional law (Council of State, 2020–2025). The research is structured into five chapters. The first addresses the conceptual and normative framework of double militancy within the Colombian constitutional system. The second examines the legal framework of electoral annulment within the system of judicial review of elections. The third develops the jurisprudential analysis of the principal precedents of the Council of State concerning double militancy in the form of political support. The fourth presents a critical discussion of electoral precedent, particularly in relation to legal certainty, the protection of political rights, and the limits of constitutional review. Finally, the fifth chapter presents the conclusions of the research.
Impacto Jurídico de las Actuaciones del Consejo Nacional Electoral (CNE) y Consideraciones Éticas Derivados de la Implementación de la Inteligencia Artificial como Mecanismo de Modernización Electoral
(Universidad Santo Tomás, 2026-08-03) Puerto Orduz, Danna Michel; Corredor Pamplona, Diana Paola; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371180; https://orcid.org/0009-0002-5846-9277
This article analyzes the legal implications of decisions adopted by electoral authorities regarding the revocation of candidate registrations within the Colombian electoral system. For this purpose, the constitutional and legal framework governing the electoral function is examined, as well as the principles guiding administrative action, including due process, equality, political participation, and legal certainty. Additionally, the article examines the procedures and criteria used to determine the admissibility of the revocation of candidacies, particularly with regard to compliance with legal requirements and the verification of disqualification and incompatibilities. From a legal perspective, the role of judicial review exercised by the high courts is also considered as a mechanism for protecting political rights and ensuring the legality of administrative decisions. Similarly, a reflection is incorporated on the use of artificial intelligence as a tool for institutional modernization in the electoral field, highlighting the importance of ethical principles such as transparency, accountability, data protection, and algorithm non-discrimination. In this sense, the analysis contributes to understanding the legal and ethical challenges arising from the incorporation of the new technologies in electoral management and in the implementation of the democratic system.
Conocimientos Ancestrales y Su Aporte a la Conservación Ambiental Amazónica: Un Análisis Crítico del Marco Normativo
(Universidad Santo Tomás, 2026-07-16) López Castelblanco, Lorena Astrith; Franco Mateus, Laura Marcela; Universidad Santo Tomás; https://scholar.google.com/citations?user=Br6-AMwAAAAJ&hl=es
The general objective of this article is to critically analyze the role of ancestral knowledge in environmental conservation in the Amazon and its degree of incorporation into the regulatory frameworks and public policies of Colombia, Brazil, and Peru. The research question guiding this study is: What is the role of the ancestral knowledge of the indigenous peoples of the Amazon as a foundation for biocultural conservation and its incorporation into regulatory frameworks and public policies? Using a qualitative, documentary, and analytical methodology, the legal frameworks, public policies, and traditional practices in the three aforementioned countries are examined. The study shows that, despite the valuable contribution of ancestral knowledge to ecological sustainability, it has historically been excluded from official decision-making processes. Consequently, the intercultural integration of such knowledge into environmental governance is proposed, articulating it with international instruments such as the Sustainable Development Goals, with the aim of building a more inclusive, effective, and culturally relevant environmental policy.
El Régimen Tributario Especial en la Economìa Social y Solidaria como Mecanismo para la Reducción de las Desigualdades (ODS 10)
(Universidad Santo Tomás, 2026-07-29) Daza Sierra, Juan Guillermo; Serna Salazar, Rubén Darío; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001402893
This article critically examines the normative and procedural framework of the Colombian Special Tax Regime (Régimen Tributario Especial - RTE), subjecting it to a dogmatic analysis against the constitutional principle of distributive justice and the state's inescapable obligation to advance the targets enshrined in Sustainable Development Goal 10 (SDG 10). Although the constitutional framework justifies preferential tax treatment for solidarity sector entities based on collective benefit, legal analysis reveals that the screening mechanisms implemented by the tax authority focus strictly on the systemic mitigation of tax evasion and the prevention of veiled surplus distributions. Crucially, they lack an adequate legal structure requiring taxpayers to provide documentary and material proof of an effective social return. In this context, the foregone tax revenue assumed by the State does not guarantee a genuine mitigation of inequalities. Consequently, this study asserts the urgent need to condition these tax benefits on an auditable "social balance sheet." This instrument is designed to incorporate and standardize compliance variables logically aligned with the Multidimensional Poverty Index (MPI), thereby articulating administrative control and auditing practices with the inherent teleology of modern fiscal policy: the verifiable reduction of inequality gaps within the territory.
Titulación de baldíos urbanos en la gestión pública para la transformación social: Paipa, Boyacá 2023
(Universidad Santo Tomás, 2026-07-06) Corredor Granados, Ivan Ricardo; Valderrama Velandia, Jose Eduardo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001265148; https://scholar.google.com/citations?hl=es&user=3s7faOsAAAAJ; https://orcid.org/0000-0001-6429-8019
This research analyzes the titling of urban public lands as an instrument of public management and social transformation at the municipal level, based on the Colombian legal framework, with special emphasis on Decree 523 of 2021. The study approaches land formalization not only as a mechanism for access to property, but as an administrative action aimed at producing legal certainty, preventing conflicts, and stabilizing real estate transactions. It also examines free transfer as an expression of the social function of property, insofar as it allows the transformation of public ownership into protected private property, linked to the right to adequate housing. From an institutional perspective, the research identifies the operational challenges faced by municipalities in implementing the model, as well as the need to strengthen the preventive management of urban public assets.
Dificultades que se Afrontan en la Contratación de Bienes y Servicios un Análisis de sus Causas y Posibles Soluciones
(Universidad Santo Tomás, 2026-07-15) Rodríguez Rodríguez, Lisceth Balvina; Maldonado Narváez, Marlon Iván; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001499230; https://orcid.org/0000-0002-2940-8638
As a social state governed by the rule of law, the Colombian State is obligated to ensure the fulfillment of the essential objectives set forth in Article 2 of the Political Constitution, which include the general welfare and the nation's economic and social development. To achieve these objectives, the State must acquire goods and services enabling it to implement programs, projects, and public policies aimed at meeting collective needs. This process is carried out through state contracting—regulated by Law 80 of 1993, Law 1150 of 2007, and supplementary provisions—with the aim of ensuring transparency, efficiency, fairness, and equal opportunities for bidders. Within this regulatory framework, the pre-contractual stage is of critical importance, as it forms the basis for the proper planning of procurement processes. A key element of this stage is the market study, which enables public entities to understand actual sector conditions, establish fair prices, and ensure the appropriate allocation of resources. In practice, however, many entities struggle to obtain a sufficient number of accurate price quotes, as private companies do not always respond to requests submitted via official platforms such as SECOP II. This lack of participation limits the quality of available information, thereby compromising the transparency, objectivity, and efficiency of the contracting processes. The problem becomes evident when an insufficient number of price quotes leads to discrepancies between estimated values and actual market prices, undermining contract planning and increasing the risk of arbitrary decision-making, cost overruns, or corruption. Therefore, understanding why private companies fail to submit quotes is essential for strengthening public management and fostering more active and responsible business participation. This monograph aims to analyze these causes and propose mechanisms to encourage the participation of bidders, thereby ensuring procurement processes that are more transparent, competitive, and aligned with economic realities. To this end, Chapter I addresses the principles of public procurement starting from the pre-contractual stage, emphasizing the importance of price quotations for the planning and structuring of these processes. Chapter II examines the factors limiting the response of private companies, considering administrative, economic, and technological aspects. Finally, Chapter III analyzes tax incentives and additional strategies that could be implemented to stimulate business participation in market research, thereby enhancing efficiency and transparency in public procurement. In this way, the study seeks to provide a comprehensive analysis and concrete proposals that contribute to strengthening public contract management, ensuring that state resources are used responsibly, efficiently, and in the public interest, thereby consolidating public trust and the fulfillment of the Colombian State's objectives.
Transformación de los modelos de Gestión para la inclusión de personas con discapacidad en Colombia y México
(Universidad Santo Tomás, 2026-07-22) Cely Salamanca, Erika Greisy; Moreno Huertas, Nestor Hernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001342828
Introduction. This article examines the evolution of management systems that have incorporated people with disabilities in Colombia and Mexico, starting from the premise that both countries have moved from an integration approach to an inclusion approach. The main purpose is to describe and contrast these models to identify the changes and the current situation of their public policies. Methodology. The research is characterized by its qualitative approach, in which the document review strategy was employed, considering academic articles, regulatory frameworks, and documents issued by government agencies in Colombia and Mexico; the inclusion criteria were based on the relevance of the topic, excluding those that focused solely on medical or integration aspects. Results. They show that Colombia and Mexico have established solid management structures that reflect a shift towards a human rights-centered approach, managing to understand the needs of persons with disabilities (PwD) and thus promoting their inclusion. The comparison indicates that both countries present similar approaches, highlighting an institutional effort to overcome the welfare model and make inclusion a priority. Discussion. Despite significant advances in the legal and administrative fields, the research concludes that there is still a gap between the regulations and their proper implementation, with considerable challenges persisting in eliminating sociocultural and physical barriers; it is necessary in both countries to strengthen regional cooperation to optimize management systems, ensuring authentic and lasting inclusion.
Principio de planeación en proyectos de vivienda social: análisis comparado Colombia–México desde el enfoque de la economía social
(Universidad Santo Tomás, 2026-07-07) González Alvarez, Juan Camilo; Daza López, Nubia Lorena; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371179; https://scholar.google.com/citations?user=kfNSezgAAAAJ; https://orcid.org/0000-0003-4469-3868
This article compares the planning principles of social housing projects in Colombia and Mexico from the perspective of the social economy. The research problem arises from the observation that, despite robust constitutional and legal frameworks, a significant number of housing projects experience delays, cost overruns, suspensions, service deficits, or materially insufficient outcomes due to structural planning failures. The objective is to identify the normative, doctrinal, and jurisprudential foundations of the principle of planning, compare its practical application in both countries, and assess the legal, economic, institutional, and social effects arising from its non-compliance. The methodology is qualitative and legal comparative, based on a dogmatic analysis of regulations, doctrine, and case law. This article finds that the principle of planning is not merely a procedural formality, but rather the main condition that articulates public procurement, land-use planning, housing policy, and the effective guarantee of the right to housing, especially in contexts of limited institutional capacity.
Inteligencia Artificial y Acceso a la Justicia Constitucional: Desafíos Éticos Para Reducir Desigualdades
(Universidad Santo Tomás, 2026-07-10) Castellanos Ramirez, Fabio Enrique; Franco Mateus, Laura Marcela; Universidad Santo Tomás; https://scholar.google.com/citations?user=Br6-AMwAAAAJ&hl=es
This article analyzes the impact of artificial intelligence on access to constitutional justice in contexts of social inequality from an ethical and socio-legal perspective. The research problem focuses on determining how the implementation of LegalTech tools, under frameworks of human oversight, can contribute to reducing structural barriers that limit the effective exercise of the right to defense among vulnerable populations. Methodologically, the study adopts a qualitative, analytical-comparative approach based on the examination of the constitutional systems of Colombia and México, as well as relevant doctrinal, regulatory, and jurisprudential analysis. The findings indicate that, while artificial intelligence has a democratizing potential by lowering costs and facilitating access to legal services, it also entails risks related to algorithmic bias, digital exclusion, and the depersonalization of legal judgment. Consequently, the article proposes ethical and regulatory guidelines aimed at ensuring the inclusive, transparent, and responsible use of these technologies, while safeguarding their complementarity with the human function in the administration of justice.
Evolución normativa y jurisprudencial de la doble militancia: propuesta de interpretación del elemento modal en la modalidad de apoyo
(Universidad Santo Tomás, 2026-06-26) Moreno Gómez, Maria Camila; Aranda Camacho, Carlos Andres; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001386650; https://scholar.google.com/citations?user=dSn3ju0AAAAJ&hl=es
This research examines the normative and jurisprudential evolution of the prohibition of double party affiliation in Colombia, with particular emphasis on the support modality in political coalition scenarios. Using a qualitative legal-dogmatic methodology and a jurisprudential analysis based on Diego López Medina's method, the study reconstructs the case law of the Fifth Section of the Council of State to identify the origin, development, and scope of the so-called modal element. It then analyzes the principles governing the interpretation of electoral law and the limits of judicial interpretation when restricting the right to be elected. The study concludes that the modal element constitutes a judicial construct lacking an explicit statutory basis, whose application has generated legal uncertainty. Accordingly, it proposes an interpretative approach consistent with the principles of legality, electoral capacity, and the constitutional purpose of the prohibition of double party affiliation, aimed at strengthening consistency and legal certainty in electoral adjudication.
Consideraciones éticas en el uso de la inteligencia artificial en la administración de la justicia
(Universidad Santo Tomás, 2026-07-10) Piragua Perez, Jaime Alberto; López Peña, Edmer Leandro; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001426035; https://scholar.google.com/citations?user=lJl_GzoAAAAJ&hl=es
Artificial Intelligence (AI) has established itself globally as a powerful tool for organizing, systematizing, and generating knowledge. It has been integrated into every sphere and space of public deliberation and social development, including the field of law, through activities such as the review of legal norms and laws, the automation of case files, and the drafting of legal documents. This article, therefore, aims to analyze the ethical limits of incorporating AI into the administration of justice. This is a review article derived from research, with a qualitative, documentary approach, for which a narrative literature review is presented, integrating articles and legal scholarship on the judge's interpretive criteria in administrative proceedings and the use of AI in law. The results show that the ethical analysis of AI use in this field has considered aspects such as regulation, data verification, and the need to establish common criteria for the use of this technology by judges and lawyers. It is concluded that AI can be a useful complement for repetitive tasks and improve information visualization, but it can in no case replace the judge's rational judgment.
Corporaciones Autónomas Regionales En Colombia Y el Modelo Ambiental Federal Mexicano: Análisis Jurídico Comparado De La Gestión Ambiental
(Universidad Santo Tomás, 2026-07-09) Tarazona González, Sebastián; Cardona Grisales, Juan Sebastián; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000136451
Currently, diverse economic and social circumstances, along with the rapid evolution of customs, habits, and beliefs among Latin American peoples, necessitate a high level of cultural awareness regarding environmental matters. This awareness must materialize in tools that governments can use to provide greater scope and action in the defense of our ecosystems. This is the roadmap of the present academic study, which, using a qualitative method of hermeneutics and legal interpretation, examines the strengths and weaknesses of the Regional Autonomous Corporations (hereinafter, CARs) in relation to their operation in the Republic of Colombia, as well as the control bodies of the Mexican federal environmental model, in light of comparative law. This highlights that the Republican and Federal models of government frame the geopolitical diversity of each country in relation to societies with similar environmental needs, but with different challenges. This is one of the main challenges to address in order to find appropriate preservation and mitigation tools in the pursuit of a common goal, which is none other than the conservation of natural resources for the habitability of their people in a healthy environment.
Transformaciones sociales a través de la protección de los derechos colectivos en colombia: acciones populares y gestión preventiva de riesgos colectivos
(Universidad Santo Tomás, 2026-07-08) Caro Martínez, Diana Camila; Cano Fonseca, Nohora Milena; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001911265; https://scholar.google.com/citations?view_op=new_articles&hl=es&imq=Nohora+Milena+Cano#; https://orcid.org/0009-0009-8907-9395
This article aims to analyze the management of social transformations in Colombia through the effective protection of collective rights by means of the filing of popular actions. This analysis is developed through three chapters. The first, entitled “Collective Rights and Social Transformations: A Contemporary Reading of Popular Actions as Protection Mechanisms in Colombia,” contextualizes the evolution of collective conflicts in modernity and their complexity within the contemporary Colombian context. The second chapter, entitled “The Role of Popular Actions in Social Transformation in Colombia: State Omissions and Collective Risks,” examines, through jurisprudential analysis, the ways in which popular actions have contributed to social transformation and identifies state omissions in the enforcement of judicial decisions. Finally, the third chapter, entitled “Local Governance and Prevention of Collective Risks in Colombia,” proposes a Local Governance System aimed at anticipating emerging social conflicts and strengthening citizen participation and shared state responsibility.
La Pérdida de Oportunidad en la Responsabilidad del Estado Colombiano como Mecanismo de Reducción de Desigualdades Probatorias: una Aproximación Desde el ODS 10
(Universidad Santo Tomás, 2026-07-08) Vargas Pinilla, Diego Alejandro; Corredor Pamplona, Diana Paola; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371180; https://orcid.org/0009-0002-5846-9277
This research article seeks to analyze the loss of opportunity within the framework of the non-contractual liability of the Colombian State, assessing its relevance as a mechanism capable of reducing evidentiary inequalities, promoting substantive equality in judicial proceedings, and aligning with the objectives of Sustainable Development Goal 10 (SDG 10). Accordingly, through the application of a descriptive, critical, and propositional methodology, a qualitative approach, and a deductive method, the study examines the doctrinal and jurisprudential foundations of this legal institution, with particular emphasis on the treatment afforded to it by the Colombian Council of State. Based on the foregoing, the article identifies the consequences, in terms of inequality, that may arise from requiring absolute causal certainty in liability proceedings, especially in contexts characterized by scientific, technical, or evidentiary complexity. In such circumstances, the loss of opportunity emerges as a tool that supports the recognition of State liability as a consequence of the impairment of an individual's legitimate expectations based on probability, when it is impossible to fully demonstrate the attribution of the damage. The study concludes that this legal doctrine contributes to mitigating legal inequalities arising from evidentiary difficulties, strengthens substantive equality, and broadens opportunities for access to full reparation, without disregarding the structural requirements of State liability. Therefore, it constitutes an instrument compatible with efforts aimed at reducing inequalities and promoting a more equitable system of justice.
Transformación Social, Páramos y Frontera Agrícola en Colombia
(Universidad Santo Tomás, 2026-07-09) Esteban Torres, Saulo Stiven; 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=es
This article analyzes, from a comparative administrative law perspective, the impact of páramo zone delimitation and the agricultural frontier on the social transformation of rural communities in Colombia. The research addresses the tension between environmental conservation imperatives and the guarantee of fundamental rights such as property, subsistence, and territorial roots. Through the study of normative and jurisprudential frameworks, it examines how the "ecologization" of property has led to socio-environmental conflicts arising from the imposition of vertical management models. The findings underscore that the effectiveness of protecting strategic ecosystems depends largely on the transition toward participatory governance schemes, in accordance with the Escazú Agreement standards. It is concluded that land-use planning must transcend technical-cartographic aspects in order to recognize rural inhabitants as strategic allies in sustainability, guaranteeing transition regimes that prevent displacement and economic precariousness.
Las politicas publicas de colombia y mexico: configuracion para atender el racismo y discriminacion de pueblos indigenas
(Universidad Santo Tomás, 2026-07-02) Herrera Gonzalez, Angie Katherine; Cano Fonseca, Nohora Milena; Universidad santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001911265; https://orcid.org/0009-0009-8907-9395
This article aligns with the research line on combating racism and ethnic discrimination. Its central objective was to conduct a comparative analysis of the models for formulating, implementing, and evaluating public policies aimed at Indigenous peoples in Colombia and Mexico, using a qualitative approach based on a review of technical and academic literature. Among the findings, it was identified that both countries operate under hybrid schemes that combine New Public Management (NPM), New Public Governance (NPG), and the Neo-Weberian Model (NWS). This coexistence of paradigms generates structural contradictions that compromise the technical independence of state agencies. Colombia stands out for its technologically robust valuation system, led by the National Planning Department (DNP) and Synergia, with a strong emphasis on determining causality. Meanwhile, Mexico is undergoing an institutional transition toward strengthening the National Institute of Statistics and Geography (INEGI), seeking to consolidate its autonomy and the use of rigorous statistical evidence. It was concluded that critical tensions persist between the technical-normative design and the political reality, affected by dynamics of clientelism and patronage. These gaps prevent institutional capacity from being deployed uniformly in the territorial peripheries. The main challenges to eradicating racism against Indigenous peoples lie in the complex relationship between state centralism and the sovereignty of Indigenous communities. Likewise, it is crucial to eliminate operational breakdowns in implementation and consolidate monitoring mechanisms that validate the real impact on the living conditions of communities, promoting legitimate participation so that their voices are effective in social transformation, ethnic justice, and the protection of Indigenous rights. Keywords: racism, discrimination, public policies, legal framework
El principio de proporcionalidad en el derecho administrativo sancionador del transporte: análisis comparado entre Colombia y México en el marco del ODS 10
(Universidad Santo Tomás, 2026-07-06) Gómez Quintana, Angela Patricia; Franco Mateus, Laura Marcela; Universidad Santo Tomás; https://scholar.google.com/citations?user=Br6-AMwAAAAJ&hl=es
Based on a comparative examination of Colombia and Mexico, this article studies the way in which proportionality operates within administrative sanctioning law in the transport sector, with particular attention to its effects on the predictability of the sanctioning response and on economic inequalities within the framework of Sustainable Development Goal 10. From a qualitative socio-legal approach, the study articulates dogmatic, comparative, and analytical hermeneutic tools, supported by legislation, specialized scholarship, judicial precedents, and sixteen administrative sanctioning decisions issued by the Superintendence of Transport in Colombia between 2022 and 2025. The findings show that, although sanctions are generally located in the lower range of the legal scale, they are not always accompanied by sufficient reasoning regarding the applied graduation criteria, which weakens the material realization of proportionality and creates tensions for legal certainty. In addition, sanctions of similar amount generate unequal economic burdens when imposed on subjects with different financial capacities, with particular impact on micro and small enterprises. The comparison shows that, in Colombia, proportionality finds its main expression in administrative reasoning, whereas in Mexico its consolidation has depended to a greater extent on judicial review. Therefore, its effective application goes beyond the merely formal sphere and operates as a material prerequisite for legality, due process, and regulatory fairness.
Igualdad y No Discriminación en la Etnoeducación: un Estudio Comparado Colombia-México
(Universidad Santo Tomás, 2026-07-07) Vargas Ávila, Hernán Camilo; Hernández Buitrago, William; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001550300; https://scholar.google.com/citations?user=T-ix3JgAAAAJ&hl=es; https://orcid.org/0000-0002-8046-1565
This article provides a comparative analysis of Ruling C-292 of 2024 by the Constitutional Court of Colombia and Amparo in Review 115/2019 by the First Chamber of the Supreme Court of Justice of the Nation of Mexico, with the aim of determining how the constitutional courts of both countries apply the legal mechanisms available in their respective legal systems to combat discrimination in ethnic education. Using a functional comparative law approach, three variables are examined: the nature of the institutional failure, the equality criterio applied, and the structural scope of each decision. The results reveal that both courts relied on ILO Convention No. 169 as a common standard for constitutional review despite facing failures of a different nature: relative legislative omission in Colombia and executive dismantling of established rights in Mexico. The analysis yields three findings: structural discrimination in ethnic education may originate from an inactive legislature or a regressive executive; intermediate scrutiny and non-regressivity are functionally equivalent but temporally opposed; and the two models of review have complementary structural scopes. It is concluded that structural discrimination in ethnic education does not take a single institutional form and that each modality requires a distinct type of judicial intervention.
Transformación del Modelo Disciplinario Judicial en Colombia y México: Gestión Institucional, Autonomía y Garantías en el Control de los Empleados Judiciales (2002-2025)
(Universidad Santo Tomás, 2026-07-08) Rojas Sandoval, Karent Julieth; Forero Salcedo, José Rory; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000184950; https://scholar.google.com/citations?user=1d9uZLMAAAAJ&hl=es; https://orcid.org/0000-0001-7946-047X
This article presents a comparative analysis of the models for exercising disciplinary action against judicial employees in Colombia and Mexico from a constitutional and legal perspective. It conducts a legal study to establish the differences and challenges that exist in the two legal and procedural disciplinary systems. Furthermore, it seeks to determine whether these systems are adequate or constitute a suitable mechanism to combat the degeneration and corruption that sometimes occur in the judicial sphere, and whether they are effective, efficient, and guarantee constitutional principles, fundamental rights, and due process as pillars of all judicial and administrative matters.
Acoso Laboral y Sexual Contra la Mujer en la Función Pública Colombiana: Estándares Internacionales, Brechas de Implementación y Responsabilidad del Estado
(Universidad Santo Tomás, 2026-06-26) León Guzmán, Laura Daniela; Daza López, Nubia Lorena; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371179; https://scholar.google.com/citations?user=kfNSezgAAAAJ; https://orcid.org/0000-0003-4469-3868
This research article provides an analysis of the international regulatory framework alongside the current challenges faced by the Colombian State regarding the legal and social issues of discrimination, workplace harassment, and sexual harassment against women within the public sector. It determines the standards that guide the Colombian State toward proper compliance and adherence to current regulations, seeking a public work environment free from violence, with guarantees and protection for women in the civil service. Accordingly, this research is composed of four chapters. The first chapter specifically addresses international standards for gender equality and the eradication of workplace and sexual harassment, as well as their incorporation into the Colombian legal system based on relevant rulings, concepts, and recommendations issued by international organizations. The second chapter identifies the legal obligations and commitments undertaken by the Colombian State regarding workplace and sexual harassment of women in the public sector, stemming from the ratification of the international instruments mentioned in the previous chapter and their subsequent incorporation into domestic legislation and public policy. The third chapter evaluates the existing gaps and discrepancies between international commitments and their effective implementation within the public administration. Finally, the fourth chapter focuses on an analysis of the breach of functional duties by the public administration, as well as an analysis of State liability regarding the lack of adherence to prevention protocols and proper protection against workplace and sexual harassment, identifying the consequences of institutional silence by the Colombian State. Lastly, a series of critical and constructive conclusions are presented, seeking a transformation from the merely formal and legal to what is truly mandatory and protective by the Colombian State, in pursuit of fulfilling its core objective in relation to Administrative Law: the State as an employer.

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