Maestría Derecho Administrativo
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Tipo de ítem: Ítem , Régimen de Invalidez del Acto Administrativo Discrecional Automatizado en Colombia y México: Opacidad Algorítmica y Crisis de la Motivación(Universidad Santo Tomás, 2026-10-01) Fernández Colmenares, Diego Andrés; Franco Mateus, Laura Marcela; Universidad Santo Tomás; https://scienti.colciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000070378; https://scholar.google.com/citations?user=Br6-AMwAAAAJ&hl=esThe increasing incorporation of artificial intelligence systems into public administration poses a structural challenge for contemporary administrative law, particularly when discretionary powers are automated. The replacement of human reasoning with inscrutable algorithmic models generates a phenomenon of technical opacity that nullifies the motivation of the act, threatening fundamental constitutional guarantees. Faced with this problem, the main objective of this research is to determine how the grounds for nullity and illegality should be redefined and applied in the legal systems of Colombia and Mexico when the administrative act has been automated. To this end, a qualitative methodology based on legal dogmatics and micro-comparative law is used, critically analyzing the regulatory framework and jurisprudence of both countries. The results show that classical judicial control tools are insufficient in the face of a lack of technological transparency. Consequently, the study proposes recognizing algorithmic opacity as an autonomous ground for substantial invalidity, accompanied by an urgent procedural adaptation and redistribution of the burden of proof to prevent the consolidation of new spaces of state power immunity against citizens.Tipo de ítem: Ítem , Evolución Jurisprudencial de la Protección Constitucional de las Mujeres Lideresas Víctimas de Desplazamiento Forzado en Colombia: Alcances y Límites de la Acción de Tutela (2015–2025)(Universidad Santo Tomás, 2026-09-30) Cala Castaño, Paula Andrea; Avellaneda Hernández, Sandra Liliana; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001433762; https://scholar.google.com/citations?user=HZ6vvZgAAAAJ&hl=esForced Forced displacement constitutes one of the most serious consequences of the Colombian armed conflict and has had particular effects on women who exercise social or community leadership or engage in the defense of human rights. In addition to the consequences of displacement, these women may face threats and other forms of violence associated with their gender and leadership activities, circumstances that have led the Colombian Constitutional Court to develop specific criteria for their protection. This research analyzes the evolution of the jurisprudential criteria developed by the Colombian Constitutional Court between 2015 and 2025 for the protection of the fundamental rights of women leaders who are victims of forced displacement, with the purpose of establishing the scope and limitations of the acción de tutela as a constitutional protection mechanism. A qualitative, legal-documentary, and jurisprudential approach was adopted, based on a comparative analysis of selected judicial decisions according to their relationship with forced displacement, women’s leadership, reinforced constitutional protection, differential and gender approaches, risk assessment, and the effective enjoyment of rights. The results show a jurisprudential evolution characterized by greater precision in assessing the particular circumstances of displaced women leaders and the conditions that protection measures must meet. The analyzed case law highlights the importance of reinforced constitutional protection, differential and gender approaches, individualized risk assessment, and the adoption of suitable, timely, and sufficient measures. Furthermore, constitutional protection cannot be assessed solely on the basis of a favorable judicial decision or the formal compliance with a court order; its effects on the effective enjoyment of rights must also be considered. In conclusion, the acción de tutela has significant scope as a mechanism for immediate constitutional protection, as it enables constitutional judges to intervene in situations involving threats or violations of fundamental rights and to order or review protection measures. However, its main limitation lies in the potential gap between obtaining a judicial decision, complying with the measures ordered, and achieving material protection in practice. Therefore, the effectiveness of the acción de tutela must be assessed by distinguishing among these different stages and considering the available evidence regarding their effects on the effective enjoyment of rights.Tipo de ítem: Ítem , Desconexión Entre el Diseño y la Implementación de Políticas Públicas para el Desarrollo de la Bioeconomía en Colombia: Análisis de Efectividad, Coherencia Institucional y Capacidades Territoriales (2010-2024)(Universidad Santo Tomás, 2026-09-24) Hoyos Rojas, Carlos Andrés; Lobo Garrido, Gustavo Andrés; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001658185The study analyzed the disconnect between regulatory design and the implementation of public policies for the bioeconomy in Colombia. Indexed literature from international databases was examined using bibliometric techniques, along with CONPES policy documents. A review of regulatory documents and qualitative research in the field of bioeconomy was conducted, considering relevant studies and public policy strategies. The findings revealed an evolutionary process in which public policies shifted from addressing specific sectoral problems to adopting a comprehensive sustainable development approach. The structural gap between policy design and measurable, sustainable outcomes at the territorial level is attributed to the inadequate implementation of SNC instruments. A temporal and thematic analysis showed a high concentration of research in traditional areas, such as agricultural biotechnology and bioprospecting. Strategic action for the bioeconomy focuses on industrial bioproducts, health-related value creation, the circular economy, and high-value-added bioindustries. However, other stated priorities contrast with this focus. The findings also reveal insufficient technical and leadership capabilities for intersectoral coordination, indicating significant systemic institutional shortcomings. The governance crisis within Colombia’s administrative system hinders the implementation of changes aligned with the constitutional principles of sustainable development. It also reflects a failure to comply with constitutional mandates concerning the rational use of natural resources and the protection of the nation’s environmental heritage. An adaptive governance model is proposed across four areas: strengthening science and technology capabilities, developing the domestic market for bio-based products, promoting flagship bioeconomy projects, and improving institutional coordination. Regulatory frameworks and operational capabilities must be aligned across Colombia’s territories to position the country as a global leader in sustainable bioeconomy, given its exceptional biodiversity.Tipo de ítem: Ítem , Tunja Como Gestor Catastral: Entre la Autonomía Territorial, la Seguridad Jurídica y la Protección de los Contribuyentes (2023-2025)(Universidad Santo Tomás, 2026-09-14) Vargas Navas, Deisy Johanna; Franco Mateus, Laura Marcela; Universidad Santo Tomás; https://scienti.colciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000070378; https://scholar.google.com/citations?user=Br6-AMwAAAAJ&hl=esThe implementation of the Multipurpose Cadastre in Colombia represents a strategic transformation in the administration of land and property information, integrating physical, legal, and economic dimensions aimed at strengthening legal certainty, territorial planning, fiscal sustainability, and the autonomy of territorial entities. In this context, the municipality of Tunja was authorized to act as a Cadastral Manager pursuant to IGAC Resolution No. 1148 of 2023, assuming responsibility for the management and updating of cadastral information during a process of institutional transition that poses significant legal, technical, and administrative challenges. This research analyzes the effects arising from such authorization during the 2023–2025 period, with the purpose of determining its impact on legal certainty, territorial autonomy, and the protection of taxpayers’ rights, as well as identifying the institutional tensions generated by the local exercise of cadastral functions. Methodologically, the study adopts a qualitative, descriptive-documentary approach, using hermeneutic and structural analysis of constitutional, statutory, and regulatory provisions, administrative acts, technical guidelines issued by the Agustín Codazzi Geographic Institute (IGAC), specialized legal scholarship, and institutional reports. The analysis shows that authorization as a Cadastral Manager represents an opportunity to strengthen the municipality’s institutional capacity and territorial autonomy. However, its implementation reveals challenges related to cadastral–land registration coordination, administrative capacity, procedural transparency, the economic effects of cadastral updating, and the safeguarding of due process and taxpayers’ rights. It is concluded that the consolidation of local cadastral management requires sustained institutional strengthening, together with legal and administrative mechanisms capable of balancing territorial autonomy with legal certainty, transparency, and the effective protection of citizens’ rights.Tipo de ítem: Ítem , Los Principios De Armonización Y Coordinación En el Aprovechamiento De los Recursos Naturales No Renovables En Colombia(Universidad Santo Tomás, 2026-09-01) Bernal Mesa, Luis Carlos; Salvias Macias, Iván Humberto; Universidad Santo Tomás; https://scholar.google.com/citations?user=cF4xLMIAAAAJ&hl=es; https://orcid.org/0000-0003-1442-5360By the same token, whenever the legal community is asked about Colombia as a State or political organization, the following words immediately come to mind, almost automatically or by sheer force of habit: Colombia is a social State governed by the rule of law, organized as a unitary, decentralized Republic, with autonomy granted to its territorial entities, democratic, participatory, and pluralistic in nature, founded upon respect for human dignity, work, and the solidarity of the individuals who comprise it, and upon the primacy of the general interest. (Political Constitution of Colombia, 1991, Art. 1). In this context, at least two possibilities arise when providing the foregoing answer. First, (i) the speaker may be little more than a transmitter who, rather than conveying an autonomous idea and a comprehensive understanding of what Colombia’s political organization entails, merely reproduces the constitutional provision as a collection of words whose significance does not extend beyond the definition or semantics of each of the categories comprising it. Conversely, (ii) there is also the possibility that the speaker understands the answer provided not merely as an aggregation of words contained in a legal provision, but rather as a parameter for analyzing, studying, and proposing solutions to the legal problems inherent in a social, political, economic, and legal system as complex as Colombia’s. For the purposes of this study, the second meaning will be adopted, and it will be argued that Colombia’s political organization as a Social State Governed by the Rule of Law —hereinafter, S.S.R.L.— constitutes the fulcrum from which it is possible to seek to “move the world” (Archimedes of Syracuse, 3rd century B.C.)¹, at least insofar as the Colombian legal order is concerned. This is so because, based on the constituent elements of the S.S.R.L. and the implications that such political organization entails both for society and for the institutions comprising the State itself, it is possible to identify and describe serious problems that affect, precisely, the materialization of Colombia as a S.S.R.L. in the fullest sense of the term. In light of the foregoing preliminary considerations, it must be stated that this research will focus precisely on one of those legal problems that are inconsistent with the political organization envisaged by the Constituent Assembly of 1991 and that, for this very reason, warrants careful examination. This problem concerns “Extractive Colombia”, or, in other words, the exploitation and utilization of non-renewable natural resources by the Colombian State in connection with mining activities. As will be demonstrated throughout this study, such activities generate part of the revenues that sustain or contribute to public finances. Paradoxically, however, they also give rise to serious debates concerning environmental conservation, as well as the deficient implementation, harmonization, and, ultimately, institutional coordination among the various State actors involved in the exploitation of these resources and the simultaneous promotion of sustainable development and environmental preservation. Consistent with the foregoing, and for the purpose of establishing a conceptual delimitation of the subject to be examined in this study, this research proposes to determine whether there is effective application of the principles of harmonization and coordination in the development of activities involving the exploitation and utilization of non-renewable natural resources by the Colombian State arising from mining activities, and how the application or omission of these principles produces effects on the fulfillment of the State’s corresponding positive obligations, particularly with regard to the protection of collective rights such as the right to a healthy environment, as well as the protection of legitimate expectations and good faith in the exercise of its administrative functions and vis-à-vis all actors involved in the aforementioned extractive activities. At present, a substantial part of Colombia’s economic stability depends directly upon the exploitation of non-renewable resources located in the country’s subsoil. These resources are acquired, for the most part —if not entirely— through mining activities because, as will be discussed below, such extractive activities and the subsequent commercialization of the resources concerned constitute a significant source of revenue for the State. This, however, does not preclude the existence of situations of institutional conflict and legal uncertainty that arise on a daily basis through the express positions adopted by means of administrative acts issued by the various authorities responsible for regulating the matter, particularly with respect to, for example, the procedures governing the authorization of the exploration and/or exploitation of non-renewable resources in the country. The greatest concern throughout the country lies in the existence of various conflicts and instances of lack of coordination among State institutions regarding the manner in which extractive activities are to be carried out. This situation has resulted in the issuance of resolutions, legal opinions, judicial decisions, and administrative actions that proceed along entirely different lines, thereby generating legal uncertainty for those who, in seeking to formalize their activities and comply with their legal responsibilities, turn to State institutions for protection and guidance in order to lawfully exploit subsoil resources while complying with the requirements imposed by the State. The foregoing inevitably leads one to consider, or at the very least to question, the application of the principles of coordination and harmonization by the State institutions competent in environmental matters when exercising their administrative functions. This is particularly relevant given that, where rights coexist or come into conflict, institutions must ensure the protection of the guarantees whose promotion and effective realization constitute obligations owed to those subject to their authority. In other words, decision-making and the implementation of decisions in the exercise of public power must be directed toward the proper application of the law while safeguarding the welfare of society as a whole (A. Cárdenas & C. Cárdenas, 2002), without transferring institutional conflicts onto citizens, as will be illustrated throughout this research. It is also important to highlight the evident institutional fragmentation concerning oversight, information deficiencies, mining-environmental planning, and administrative action. This situation has led an entire sector of the national economy —namely, the extractive industries— to operate within a legal limbo characterized by uncertainty and indeterminacy regarding both State guarantees and the exercise of private enterprise. It follows, therefore, that Colombia currently exhibits serious indications of a profound crisis of coordination and harmonization among the various public entities involved in the development of activities encompassing the exploration and/or exploitation of non-renewable natural resources located in the Colombian subsoil. There is no doubt that there is an urgent need to harmonize, coordinate, and unify administrative action in order to safeguard citizens’ rights and preserve the environment. Against this backdrop, the present study constitutes an ambitious attempt to develop a conceptual approach to the principles of harmonization and coordination, as well as to examine their current degree of implementation and application in the administrative actions of environmental authorities. This inquiry is undertaken through a qualitative, analytical-descriptive methodology, aimed directly at describing and identifying the fundamental elements governing the legal problem under examination, analyzing those elements, and, in this manner, establishing a landmark case, examined through the jurisprudential analysis methodology developed by Dr. Diego Eduardo López Medina. This methodology establishes that, in constructing lines of jurisprudential development, it is not necessarily the number of judgments that matters; rather, particular attention should be given to the decision that establishes a variation in, or the origin of, a specific jurisprudential balance, as will be explained below. Likewise, this study seeks to identify and distinguish the State institutions involved in or competent to manage extractive activities, with a view to determining their current allocation of functions and, consequently, identifying any institutional deficiencies that may arise within that framework. It will also describe the constitutional and statutory parameters to which such institutions should be subject in order to guarantee coordinated and harmonious administrative action while exercising the specific powers conferred upon them by law. In light of the foregoing, this research is structured into three chapters, as follows: The first chapter, entitled “A Conceptual Approach to the Legal Framework Governing the Exploitation of Non-Renewable Natural Resources in Colombia Arising from Mining Activities,” provides an examination of the following thematic areas or conceptual categories, whose prior study is essential to the description and development of the research problem: (i) the notion of an Environmental Constitution, or the constitutional principles currently applicable to environmental matters, including a normative, principled, and axiological analysis; (ii) Colombia’s organization as a Social State Governed by the Rule of Law and its impact on the formulation of environmental public policy aimed at preserving sustainable development and promoting responsible extractive practices; (iii) the legislative evolution of environmental law in Colombia, particularly as it relates to the exploitation of non-renewable natural resources; and (iv) the economic impact in Colombia of activities associated with the exploitation —extraction and commercialization— of non-renewable natural resources arising from mining activities. The second chapter, entitled “The Institutional and Organizational Framework Governing the Exploitation of Colombia’s Non-Renewable Natural Resources and the Constitutive Principles of Proper Administrative Action,” will examine, respectively: (i) environmental public authorities and their role in economic activities aimed at exploiting non-renewable natural resources; and (ii) the legal nature of the principles of coordination and harmonization in administrative action, complemented by the principles of legality, legitimate expectations, and good faith, as parameters governing the proper conduct of public administration. It is important to clarify that the conceptual approach developed in the first two chapters entails a specific analysis of each of the categories under examination, following a similar structure: beginning with a description of their legal basis and nature, followed by an examination of their scope, their practical significance, and, where appropriate, the challenges or difficulties that may arise in guaranteeing and implementing them by the State. Returning to the structure of this study, it should be noted that the third chapter, entitled “Institutional Fragmentation and Legal Uncertainty Regarding Administrative Action in Connection with the Exploitation of Non-Renewable Natural Resources in Colombia Arising from Mining Activities,” constitutes the substantive development of the research problem itself. By this stage, the concepts examined in the first and second chapters make it possible to address: (i) the principal situations involving deficient expression, application, and/or implementation, within administrative action, of the principles of coordination and harmonization in connection with the exploitation of non-renewable natural resources; (ii) a description of some of the possible causes of such institutional fragmentation and the resulting failure to apply the principles of coordination and harmonization; and (iii) the effects or consequences of institutional fragmentation and legal uncertainty concerning the exploitation of non-renewable natural resources in Colombia. The latter section will inevitably require consideration of the potential impact of this problem on the effective enjoyment of certain collective rights. More specifically, this third chapter will be developed on the basis of an examination of the second-instance judgment issued by the First Section of the Council of State in Case No. 25000234100020130245901, dated August 4, 2022, which upheld the judgment rendered at first instance by the Administrative Court of Cundinamarca, acting as a constitutional court, in deciding a popular action that brought to light significant deficiencies in the functioning of the State in connection with mining activities and the exploitation of non-renewable natural resources in Colombia. These deficiencies included: (i) evident institutional fragmentation among the bodies responsible for oversight and supervision of such activities; (ii) the insufficiency and obsolescence of the legal framework governing the matter; and (iii) the fact that State oversight and supervision of mining activities has, precisely, been ineffective. Finally, following the development of the chapters described above, a number of brief conclusions will be presented which, as will be seen, will constitute a synthesis and assessment of the current state of the proposed legal problem, its causes and effects, and the outstanding obligations yet to be fulfilled by the State, with a view toward a gradual —yet prompt— approach to its resolution. As can be appreciated, this inquiry adopts a predominantly descriptive approach, without prejudice to the inclusion, throughout its development, of various propositive considerations aimed at the gradual overcoming of the institutional fragmentation and legal uncertainty currently existing in relation to “Extractive Colombia,” as briefly described above and as developed extensively throughout this study. According to Hernández, Fernández, and Baptista (2014), descriptive research studies: “(…) seek to specify the properties, characteristics, and profiles of individuals, groups, communities, processes, objects, or any other phenomenon subjected to analysis. In other words, they merely seek to measure or collect information, either independently or jointly, concerning the concepts or variables to which they refer; their objective is not to indicate how these are related” (p. 92). Accordingly, this study seeks solely to describe the current institutional and legal landscape surrounding mining activities for the exploitation of non-renewable natural resources in Colombia, as well as the current situations of institutional fragmentation that may need to be addressed and overcome in the near future. To date, extensive scholarly discussion has taken place concerning the anthropocentric approach² underlying our legal system, a proposition that cannot reasonably be disputed. Nevertheless, it is equally true that the same legal order, as well as the individuals who comprise society, recognizes the importance of protecting collective rights relating to the environment. Since the environment constitutes an indispensable means for the advancement and well-being of human beings, its protection must be regarded as a priority; yet it must also be protected as an end in itself, insofar as it constitutes an object of constitutional protection. All of these circumstances unquestionably warrant careful attention and sustained focus in legal research addressing issues of Environmental Law and the exercise of collective rights. It follows that scholarly discussions concerning economic activities involving the exploitation of the environment, as well as institutional fragmentation or uncoordinated administrative action, should now command the attention of the legal community. Ultimately, the exploitation of non-renewable natural resources and the potential deficiencies in the procedures governing such activities should serve as a warning, not only because of their economic importance to the country, but also because of the potential impact they may have on the full and effective exercise of individuals’ rights. Whether knowingly or not, and whether anticipated or otherwise, research into environmental matters constitutes the first mechanism through which to sustain a new dialogue concerning the manner in which the destiny or future of the planet is being shaped, including through the examination of institutional deficiencies in the responsible exploitation of the environment. Indeed, as Pope Francis stated, “(…) We need a conversation that brings us all together, because the environmental challenge we are experiencing, and its human roots, concern and affect us all” (Francis I, 2015, p. 11). Such dialogue is possible only through the inquisitive and meticulous perspective of the researcher as it engages with the legal problems surrounding economic activities involving the exploitation of environmental resources. For this reason, it is necessary to reaffirm the question that gave rise to this study: Does Colombia effectively apply the principles of coordination and harmonization in the development of activities involving the exploitation of non-renewable natural resources arising from mining activities, and what effects does their potential non-application have on the collective right to a healthy environment, as well as on the legitimate expectations and good faith of those subject to administrative action? Hence arises the need to establish the justification for this study and to frame it as twofold: on the one hand, the undeniable economic importance of mining activities to the country; and, on the other, the significance of environmental collective rights, which the Constitution itself elevates to the status of essential purposes of the State. Consequently, the very core of this research is further justified by the legal uncertainty generated by institutional fragmentation, culminating in the solution proposed by the author with respect to decision-making within public administration.Tipo de ítem: Ítem , Justicia e Inteligencia Artificial Un Paralelo Artificial(Universidad Santo Tomás, 2026-08-28) Reales Hernández, Jimmy Alejandro; 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/0000-0003-4469-3868The present study constitutes a thematic analysis of the use of artificial intelligence within the Colombian legal system, specifically in the context of administrative contentious jurisdiction. It addresses general aspects related to the use of artificial intelligence, including the classification of its risk levels and the different legal and legislative approaches concerning its technical and formal implementation within the Colombian jurisdiction. Likewise, this paper develops a comparative analysis that brings together international and national perspectives regarding the application of artificial intelligence in the legal field. It demonstrates that these technological developments are not merely a matter of individual choice, but rather reflect an ongoing process of adaptation to something previously unfamiliar that has increasingly become part of our daily lives. In this context, artificial intelligence can no longer be regarded as something detached from everyday life, particularly when considering its increasingly complex applications, such as the administration of justice. As an intermediate point of analysis, the study examines the different positions advanced by the Honorable Constitutional Court, the Superior Council of the Judiciary, as well as various bills proposed by the legislative branch. As developed throughout the paper, artificial intelligence does not merely involve individual or systemic uses, particularly when considering its integration into a legal system that not only administers justice but may also have access to comprehensive databases containing information subject to confidentiality, data protection, and restrictions on the use of personal information. The foregoing leads to the conclusion that, although there may be an intention to refrain from adapting to the use of artificial intelligence, this technology has become intrinsic to our lives, much like a technological tsunami that captures our attention across virtually every aspect of our daily activities. It is therefore evident that the legal field is vulnerable to this wave and cannot escape it. Nevertheless, it is of vital importance to establish clear criteria for the use and implementation of artificial intelligence. However, it is not possible to properly address the use of AI without specific regulations establishing the necessary guidelines for the application of these new tools throughout the national territory. This concern becomes even more significant when considering the possibility of coordinated work between justice system officials and an artificial intelligence tool capable of accessing data protected under the right to habeas data. Nevertheless, not everything surrounding this issue is uncertain or problematic. The Congress of the Republic, recognizing the lack of comprehensive regulation concerning artificial intelligence and acknowledging the rapid expansion of this technology, has a duty to advance its regulation. Such regulation should not merely depend on rules emerging reactively in response to each difficulty encountered as society progressively faces situations involving the use and implementation of artificial intelligence.Tipo de ítem: Ítem , Contratación del Programa de Alimentación Escolar y criterios de equidad territorial vinculados al ODS 10: análisis documental de ocho procesos contractuales en Chocó y La Guajira, 2019-2022(Universidad Santo Tomás, 2026-08-20) Murcia Peña, Yennyfer Liliana; Daza López, Nubia Lorena; Uniersidad Santoto Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371179; https://scholar.google.com/citations?user=kfNSezgAAAAJ; https://orcid.org/0000-0003-4469-3868This article analyzes how public procurement of the School Feeding Program (PAE) in Colombia influenced the implementation of Sustainable Development Goal 10 (reduction of inequalities) between 2019 and 2022 in the departments of Chocó and La Guajira. Based on a documentary analysis of 8 contracts registered in SECOP, using a qualitative socio-legal approach with descriptive quantitative support, the study identifies a structural contradiction: while contractual planning (89.2%) and supervision (95.0%) show high levels of compliance, equity and inclusion are critically low (52.1%), with a complete absence of differentiated criteria for women (0%). In terms of execution, 62.5% of the files lack liquidation reports, limiting social and fiscal oversight. Public procurement had a mixed effect on SDG 10: successful in cases with full compliance and liquidation (37.5%), where it mitigated food insecurity and school dropout; but structurally limited by the omission of equity criteria in bidding documents and post-contractual opacity, perpetuating inequality in the country's poorest territories.Tipo de ítem: Ítem , 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=esThe 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.Tipo de ítem: Ítem , 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/0009-0002-5846-9277This 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.Tipo de ítem: Ítem , 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=esThe 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.Tipo de ítem: Ítem , 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=0001402893This 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.Tipo de ítem: Ítem , 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/0000-0001-6429-8019This 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.Tipo de ítem: Ítem , 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/0000-0002-2940-8638As 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.Tipo de ítem: Ítem , 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=0001342828Introduction. 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.Tipo de ítem: Ítem , 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/0000-0003-4469-3868This 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.Tipo de ítem: Ítem , 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=esThis 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.Tipo de ítem: Ítem , 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=esThis 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.Tipo de ítem: Ítem , 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=esArtificial 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.Tipo de ítem: Ítem , 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=0000136451Currently, 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.Tipo de ítem: Ítem , 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/0009-0009-8907-9395This 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.