Maestría Derecho Administrativo

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

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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.
Eficacia de la Acción de Repetición en el Guaviare y su Incidencia en la Gestión de Transformaciones Sociales
(Universidad Santo Tomás, 2026-06-24) Tibatá Molina, Jessica Lorena; López Martínez, Miguel Andrés; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000812218; https://scholar.google.com/citations?user=vA5Sa5sAAAAJ; https://orcid.org/0000-0003-0940-2121
The repetition lawsuit, enshrined in Article 90 of the Colombian Constitution, is a legal mechanism through which, the State seeks to hold public servants or former public servants financially accountable when their intentional or grossly negligent conduct has resulted in a patrimonial award against the administration. This mechanism pursues resarcitory, preventive, and retributive purposes, aimed at protecting public funds and strengthening individual accountability in the exercise of public functions. However, its practical application reveals significant deficiencies. At the national level, recovery rates of the resources paid by de Government, are minimal, and in territories with limited fiscal capacity—such as the department of Guaviare—the situation is particularly critical. An analysis of judicial proceedings conducted between 2022 and 2025 shows substantial amounts of irrecoverable public funds, mainly due to structural shortcomings in legal anagement. These include errors in calculating statutory limitation periods for the lawsuit, insufficient support to prove the subjective element of liability, and the improper use of the action of repetition to claim obligations lacking an indemnificatory nature. In response to this scenario, the study proposes institutional reengineering through the creation of a specialized technical entity with territorial presence, aimed at strengthening the State’s judicial defense and ensuring more effective protection of public assets, particularly in regions with high levels of institutional vulnerability.
Garantías Procesales en el Registro de Deudores Alimentarios Morosos en Colombia
(Universidad Santo Tomás, 2026-06-11) Gil Bernal, Mitchell Clitsman; Franco Mateus, Laura Marcela; Universidad Santo Tomás; https://scholar.google.com/citations?user=Br6-AMwAAAAJ&hl=es
This article analyzes the normative, procedural, and philosophical scope of the Registry of Defaulting Child Support Debtors (REDAM) in Colombia, created by Law 2097 of 2021, and its impact on due process guarantees and the fundamental rights of debtors. The study, conducted through qualitative research with a documentary, hermeneutic, and analytical approach, examines REDAM as a mechanism of administrative sanctioning law, framed by the principles of legality and proportionality. A sociological component is also incorporated, supported by official data from DANE, ICBF, the Office of the Attorney General, and the Ombudsman’s Office, which illustrates the scale of noncompliance with support obligations and its social implications, particularly regarding gender inequality and child protection. Based on normative and jurisprudential analysis, the paper identifies procedural gaps, unjustified discretion, and tensions between REDAM’s coercive effectiveness and the protection of fundamental rights. Likewise, adjustments for legal harmonization are proposed, aimed at ensuring a balance between the State’s sanctioning power and the limits derived from the Social and Democratic Rule of Law, through the supplementary application of the Code of Administrative Procedure and Administrative Litigation (Law 1437 of 2011) and the adoption of uniform guidelines by the ICBF and the Ministry of Justice. Finally, the effects of registering defaulting child support debtors are analyzed in light of the Colombian legal system
La Ética Pública en el Uso de la Inteligencia Artificial en la Evaluación de Ofertas en los Procesos de Selección de Mínima Cuantía en Colombia
(Universidad Santo Tomás, 2026-06-11) Albarracín Sua, Luis Fernando; Guerrero Sierra, Hugo Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000940372; https://scholar.google.es/citations?user=jiNyxBwAAAAJ&hl=es; https://orcid.org/0000-0002-7280-1662
This research article conducts a legal and prospective analysis of the incorporation of artificial intelligence in the evaluation process of proposals within selection procedures carried out by entities subject to the General Public Procurement Statute, under the Minimum Amount selection modality. It examines the regulatory foundations of public procurement, the characteristics of the minimum amount modality, and the potential applications of artificial intelligence in proposal evaluation. Both advantages and risks associated with its implementation are identified, highlighting the possible impact on the principles guiding administrative action. Although there is no explicit regulatory adoption of artificial intelligence systems for bid evaluation in Colombian public procurement, the use of these technologies already influences the contractual ecosystem, through institutional initiatives and tools used by bidders. To date, artificial intelligence encompasses a wide range of tasks that are commonly performed by humans, and administrative functions are no exception to the use of such tools as support for task development. This is due to the large number of activities required by contractual management, which the State continuously carries out through its entities. It is concluded that, although artificial intelligence can contribute to efficiency in procurement processes, its use requires control mechanisms and clear guidelines to ensure respect for the principles of public ethics and the protection of individuals’ fundamental rights.
Responsabilidad del Estado por Incumplimiento en la Redención de Penas en Personas Privadas de la Libertad
(Universidad Santo Tomás, 2026-06-11) Caballero Rincón, Pedro Jesús; 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
The State, as guarantor of fundamental rights, is responsible for protecting persons deprived of their liberty, who are in a vulnerable situation. This responsibility implies not only preventing violations of their rights, but also adopting active measures to prevent and remedy any failures in the provision of prison services. The State's responsibility in this area is based on the existence of unlawful harm caused by state agents. An example of this is prolonged deprivation of liberty due to errors in sentence reduction, which generates damages that must be remedied. In this context, a special objective liability is established, since the State has a particular duty to protect vulnerable groups. Prison treatment and sentence reduction are fundamental pillars of prison policy, as they aim for the rehabilitation of offenders and the prevention of recidivism. The State must guarantee that these measures are implemented in accordance with current regulations, avoiding service failures that affect the rights of inmates. Thus, the administrative responsibility of the Colombian State in guaranteeing the rights of persons deprived of their liberty takes on special importance. Its proper implementation not only responds to a legal mandate, but also to a commitment to human dignity and effective justice.
Daño Antijurídico y Control de Convencionalidad en la Privación Injusta de la Libertad
(Universidad Santo Tomás, 2026-06-03) Acevedo Medina, Julián Arturo; 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; https://orcid.org/0000-0001-7882-4163
This proposal was based on a narrative, methodological, descriptive and critical approach to situations of violation of subjective rights, as a result of the unjustified unlawful damage caused to individuals when the responsibility of the State is declared in cases of unjust deprivation of liberty. Beyond specifically analyzing the titles of imputation from which the state responsibility derived from the judicial error is configured, attention was focused on determining the spirit and scope of article 90 of the Political Constitution of 1991 and article 68 of Law 270 of 1996 in judicial practice, for which it was necessary to address the trends that the Council of State has sustained from 1996 until 2026, through the dynamic analysis of the existing jurisprudential line in the subject, following the technique of Professor Diego López Medina embodied in the text “The Law of Judges” and considering the essential core of affected subjective law. Likewise, a critical and reflective analysis was carried out from the point of view of human rights and the control of conventionality and the internal and external mechanisms for the defense of these rights in Colombia, focusing special attention from the beginning of the text on the guarantees in access to justice.
La Inteligencia Artificial en Actos Administrativos de Insubsistencia: Implicaciones Jurídicas y Control Judicial en Colombia
(Universidad Santo Tomás, 2026-05-12) Pérez Becerra, David Orlando; Franco Mateus, Laura; Universidad Santo Tomás; https://scholar.google.com/citations?user=Br6-AMwAAAAJ&hl=es
In recent years, the technological and digital transformation of the State has substantially modified the decision-making processes of public administration. The progressive incorporation of technological tools and systems based on Artificial Intelligence has created new dynamics geared towards efficiency and resource optimization. However, this new landscape raises serious questions about the regulatory limits of the use of automated systems in the exercise of public power. The tension between protecting the principles of administrative law and guaranteeing fundamental rights has become one of the most relevant debates in contemporary administrative law. In particular, when public decisions have a direct impact on individuals' specific situations, considering the potential automation of these decisions requires a thorough analysis of their compatibility with principles such as reasonableness, proportionality, and effective judicial review. Thus, this research aims to analyze and study in detail the possibilities and limitations of the automated creation of administrative acts of termination in positions of free appointment and removal in Colombia, as well as the judicial review that should be exercised over them. This is because the country's legal and jurisprudential developments have established that administrative acts declaring the termination of employment of freely appointed and removable employees do not require justification. This situation has been understood, in terms indicated by Tafur Villareal (2025), as an authorization for the public administration to have a certain degree of freedom in the selection and dismissal of certain employees, taking into account the nature of the functions they perform and the level of trust required. The declaration of termination of employment of freely appointed and removed officials has generated multiple positions and debates. This is because, initially, these administrative acts were interpreted as having a discretionary nature. However, through a ruling of February 23, 2011, the Council of State determined that the declaration of termination of an employee of freely appointed and removed is carried out without justification and enjoys a presumption of legality, as has been indicated in various rulings of the same body.
La Economía Popular en la Contratación Estatal Colombiana, sus Límites Constitucionales e Institucionales
(Universidad Santo Tomás, 2026-05-05) Malaver López, Andrés Felipe; Barrera Varela, Pedro Javier; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001249010
In Colombian administrative law, the tension between the constitutional imperative to promote the economic inclusion of the most vulnerable sectors and the structural guarantees that the public procurement regime imposes as a condition for the validity of any state contractual action has been evident. On one hand, Article 13 of the Political Constitution orders the adoption of measures in favor of groups in a condition of manifest weakness, and Article 334 enables the State to intervene in the economy with the purpose of promoting productivity, competitiveness, and equitable development. On the other hand, Articles 150, 209, and 267 insist that such intervention be carried out within a regulatory framework endowed with legal sufficiency, with objective selection of the contractor, transparency in the management of public expenditure, and verifiable fiscal responsibility. For its part, the Public-Popular Associations (APPo), introduced by Article 100 of Law 2294 of 2023 and developed through Decree 874 of 2024, constituted a regulatory response to that purpose. The figure enabled direct contracting up to a minimal amount with community organizations, communal action boards, and actors of the popular economy, in an effort to territorialize state action and expand the social base of public contract execution. However, Judgment C-033 of 2026 declared unconstitutional the provisions that gave it legal support, based on three flaws that the ruling identified precisely: the insufficient normative density of the enabling norms, which delegated to the regulation the definition of the essential elements of the mechanism; the legal indeterminacy of the authorized subjects, whose identification was left in the hands of the executive's regulatory power; and the impropriety of introducing structural modifications to the General Statute of Public Contracting through a development plan law. Thus, what was a figure in the process of institutional appropriation became a constitutional precedent that reframes the debate on inclusive contracting in Colombia. That turning point is the starting point of this research. Its analysis is developed on two levels that are articulated throughout the work. The first is dogmatic: it examines the constitutional and legal principles governing state contracting, reconstructs the foundations and scope of ruling C-033 of 2026, and identifies the validity conditions that any inclusive contracting mechanism must satisfy to be constitutionally sustainable. The second is empirical: it verifies what occurred in public entities during the period of validity of the figure, based on the processing of twenty-six petitions directed to entities at the national and territorial levels between February and March 2026. The research, therefore, is structured into five chapters. The Introductory chapter establishes the methodological framework and delimits the object of study. The first develops the theoretical framework on the state contract and its modalities, with special attention to the principles of administrative function, the structural principles of state contracting, and risk management as a legal category in contracts with actors of the popular economy. The second analyzes the figure of APPs, their normative basis in Law 2294 of 2023 and Decree 874 of 2024, and the scope and implications of Ruling C-033 of 2026, including its concurring and dissenting clarifications. The third chapter presents the empirical analysis of the corpus of petitions, the typology of seven identified institutional barriers, and the central finding on the gap between normative enablement and institutional appropriation. The fourth chapter proposes the Reinforced Validity Model for Inclusive Hiring as a dogmatic construction that connects empirical findings with constitutional mandates in three simultaneous dimensions: normative validity, procedural validity, and execution and control validity. The fifth chapter develops the standard model for the inclusive hiring instrument with its operational components. Then, the conclusions and recommendations are presented.
Tensión entre la Responsabilidad Fiscal y la Tutela Efectiva de los Derechos Políticos en Colombia
(Universidad Santo Tomás, 2026-04-15) Amaya Martinez, John Sebastian; Alvarez Gil, Juan Sebastian; Briceño Chaves, Andres Mauricio; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001002988; https://scholar.google.com/citations?user=8L_-wtwAAAAJ&hl=es
This research analyzes the tension between fiscal oversight in Colombia and the guarantee of the political rights of popularly elected public officials, based on a normative, jurisprudential, and doctrinal study integrated with the standards of the Inter-American Human Rights System. It examines the historical evolution of fiscal oversight, the fiscal liability process, and the legal consequences of rulings issued by administrative authorities that may restrict the right to be elected and to remain in office without judicial intervention. The case Petro Urrego vs. Colombia constitutes a central reference, as the Inter-American Court of Human Rights determined that only a judge may impose sanctions that limit political rights, ordering the adjustment of the domestic legal framework. The text reviews the current legal framework, doctrine, and national and international case law, identifying structural problems that hinder harmonization between the protection of public assets and respect for political rights. As a solution, it proposes a regulatory and institutional reform that subjects any political effect of a fiscal liability ruling to a judicial decision with due process guarantees, thereby strengthening democratic legitimacy and ensuring compliance with the international commitments undertaken by the Colombian State.
Omisión de la Selección Objetiva y Nulidad Absoluta por la Causal de Prohibición Expresa de la Norma en la Contratación Estatal Colombiana
(Universidad Santo Tomás, 2026-04-06) Cuadrado Hernández, José Gilberto; Aranda Camacho, Carlos Andrés; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001386650; https://scholar.google.com/citations?user=dSn3ju0AAAAJ
State contracting in Colombia is governed by a set of principles aimed at ensuring transparency, equality, efficiency, and accountability in the management of public resources. Among these, the principle of objective selection occupies a central place, as it requires entities to choose their contractors based on verifiable and pre-established criteria, thereby avoiding arbitrary decisions or those driven by interests unrelated to the fulfillment of the general interest. This principle is enshrined in Law 80 of 1993, which regulates the legal framework applicable to contracts entered into by state entities. When an entity omits the procedure designed to guarantee objective selection, a significant legal issue arises: determining whether such omission constitutes a mere defect in the procurement process or amounts to a ground for absolute nullity. Article 44 of Law 80 sets forth several grounds, including the violation of an express legal prohibition. Where this ground is met, Article 45 orders the administration to unilaterally terminate the contract and to initiate the შესაბამის administrative sanctioning procedure (Law 80, 1993). However, the jurisprudence of the Council of State (2006) has established that not every breach of the principle of objective selection constitutes an express prohibition within the meaning of Article 44. Certain decisions have drawn a distinction between the direct violation of a specific legal mandate and actions which, although irregular, reflect an improper exercise of the administrative function, thus falling within the ground of abuse or misuse of power. When the irregularity corresponds to the latter scenario, nullity may only be declared by the administrative contentious jurisdiction, and the administration is not required to unilaterally terminate the contract (Council of State, judgment file No. 13168, 2006). This distinction has important practical effects. If the omission of objective selection constitutes an express prohibition, the entity must act immediately and declare unilateral termination. If, on the other hand, it involves abuse or misuse of power, the entity cannot declare nullity on its own and must await a judicial decision. The lack of clarity between these two categories generates uncertainty for both entities and contractors, affects the stability of public contracts, and may compromise the proper execution of public resources. This study is developed through a dogmatic analysis methodology, focused on Law 80 of 1993, relevant doctrine available in recognized academic sources, and decisions of the Council of State addressing the application of the principle of objective selection and the grounds for absolute nullity. This approach makes it possible to offer a coherent and practically useful interpretation, aimed at strengthening legal certainty and improving decision-making in matters of state contracting. In order to enhance the timeliness and rigor of the analysis, this research incorporates recent jurisprudence of the Council of State, particularly decisions issued between 2020 and 2023, which reveal a significant evolution in the interpretation of absolute nullity due to the violation of an express prohibition and its relationship with the principle of objective selection. In this regard, the study is not limited to a historical review; rather, it temporally delimits the jurisprudential analysis along an evolutionary line spanning from 2006 to 2023, a period in which significant changes are identified in the criteria used to assess the omission of objective selection, as well as tensions between restrictive and expansive approaches in the configuration of the ground set out in Article 44(2) of Law 80 of 1993. This delimitation makes it possible to determine whether there is a trend toward the unification of criteria by the Council of State or, conversely, the persistence of divergent approaches that undermine legal certainty in state contracting.
Impacto del Derecho Sancionatorio Administrativo en el Acceso al Agua Potable: Actuación de la Superintendencia de Servicios Públicos Domiciliarios en Colombia (2020–2025)
(Universidad Santo Tomás, 2026-04-15) Casallas Rodriguez, Fabian; Corredor Pamplona, Diana Paola; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001458023
El acceso al agua potable constituye uno de los pilares fundamentales para la garantía de la dignidad humana y la consolidación del Estado Social de Derecho en Colombia. Desde la promulgación de la Constitución Política de 1991, el servicio público de acueducto ha sido reconocido como un componente esencial para la materialización de derechos fundamentales, lo cual ha dado lugar a la intervención del legislador, de la jurisprudencia y de distintas entidades de control para asegurar su prestación continua, eficiente y equitativa (Moncayo Córdoba, 2022). En este sentido, la Superintendencia de Servicios Públicos Domiciliarios (SSPD) ha desempeñado un rol protagónico, no solo como organismo de inspección, vigilancia y control, sino también como autoridad sancionatoria frente a los prestadores que incumplen los estándares de calidad, cobertura y continuidad exigidos por la ley.
La Fijación Definitiva de Sentencia en los Procesos Contencioso Administrativos de Nulidad de Elección de Única Instancia
(Universidad Santo Tomás, 2026-03-25) Méndez Londoño, Juan Camilo; Castiblanco Molano, Sandra Milena; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000139508; https://scholar.google.com/citations?hl=es&user=9yw0DvUAAAAJ; https://orcid.org/0000-0003-3305-1886
This theoretical and academic document proposes a new procedural stage, the Final Hearing of Judgment, which serves as an instance within the means of control for Electoral Nullity in single-instance processes, where the appeal procedure is not applicable. This academic compilation demonstrates the violation of a range of fundamental rights for the procedural subject subjected to the administration of justice. The assignment of single-instance procedures and the restriction of procedural guarantees, such as the right to appeal, based on the individual’s status as a member of an autonomous corporation and an elected official in municipalities with populations of fewer or more than 70,000 inhabitants, is neither a proportional nor adequate criterion to justify the restriction of fundamental and procedural rights for procedural subjects of equal legal and constitutional standing. The goal is to ensure the proper administration of justice, promote equality, and prevent constitutional violations for procedural subjects subjected to administrative contentious processes in electoral nullity cases, through the implementation of the Final Hearing of Judgment as an additional and final instance in the electoral nullity procedural stage.
El control fiscal ambiental en la amazonia colombiana y las políticas públicas ambientales: una contribución al cumplimiento del ODS 13
(Universidad Santo Tomás, 2025-10-25) Rodríguez Rivera, Laura Sofia; Corredor Pamplona, Diana Paola; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371180
This article analyzes the role of environmental fiscal oversight and climate public policies in Colombia as strategic mechanisms for achieving Sustainable Development Goal 13 (SDG 13): Climate Action. In a country highly vulnerable to climate change, the Colombian State has committed to international agreements aimed at mitigation and adaptation. However, significant challenges remain regarding the coordination between fiscal oversight and environmental planning. Environmental fiscal oversight, led by the Office of the Comptroller General, is a key tool to ensure the efficient, lawful, and sustainable use of public funds in environmental matters. Using a qualitative, descriptive, and analytical approach, this study examines the Colombian legal and institutional framework, reviews relevant environmental audits, and compares national practices with Brazil’s experience through its Federal Court of Accounts. The findings reveal progress in environmental supervision, while also highlighting structural and operational limitations that hinder fiscal oversight’s effectiveness as a guarantor of climate policies. The article concludes with strategic recommendations to strengthen interinstitutional coordination, improve monitoring tools, and promote a culture of accountability in climate governance. This research contributes to the academic and institutional reflection on the role of fiscal control in the transition toward a more sustainable and climate-resilient development model.
Delimitación de los “Medios Ilegales” como Causal de Revocatoria de los Actos Administrativos de Adjudicación: Análisis de la Evolución Jurisprudencial Colombiana
(Universidad Santo Tomás, 2026-02-27) Duran Jiménez, Wendy Liseth; 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 research addresses the delimitation of “illegal means” as a cause for revoking administrative acts of contract award in Colombia, emphasizing its normative, jurisprudential, and doctrinal evolution. The study begins with the premise that contract awards, as final administrative acts, enjoy presumption of legality and irrevocability under Law 80 of 1993. However, Law 1150 of 2007 introduced a relevant exception: the possibility of revocation when the award is proven to have been obtained through illegal means. This provision poses substantive and procedural challenges, since the law does not clearly define what constitutes an illegal means or the evidentiary standard required. The analysis is developed in six chapters: (i) introduction and contextualization of the problem; (ii) normative framework; (iii) jurisprudential framework, examining decisions of the Council of State and the Constitutional Court; (iv) doctrinal framework, with contributions from Colombian and comparative scholars; (v) case studies illustrating practical applications of this cause; and (vi) proposals for conceptual and evidentiary delimitation aimed at strengthening legal certainty and transparency in public procurement. A qualitative, descriptive, and analytical methodology was used, based on the review of legislation, judicial decisions, specialized doctrine, and concrete cases. The findings show that Colombian jurisprudence has evolved toward a consensus: illegal means must be understood as fraudulent and intentional behaviors that vitiate administrative consent, and their accreditation requires clear and sufficient evidence. Finally, recommendations are made for normative clarification, consolidation of evidentiary standards, and articulation of revocation with disciplinary and criminal control mechanisms.
La Urgencia Manifiesta y la Continuidad del Servicio de Transporte: Análisis del Caso de la Transversal del Cusiana a partir de la Resolución 3089 de 2024
(Universidad Santo Tomás, 2026-03-20) Velandia Barrera, Diego Fernando; Corredor Pamplona, Diana Paola; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371180
State contracting is a determining factor in the daily life of Colombian society. Through this mechanism, the State materializes its constitutional purposes and guarantees the provision of indispensable services closely related to fundamental human rights. Public procurement has mutated into different figures to adapt to the evolution of contracting with the State, among the most relevant are direct contracting, which in turn can be represented through the manifest urgency. This figure, implemented in situations of social or environmental emergency, has been widely used and questioned in the country for being prone to corruption. This study, through a qualitative-explanatory methodology, analyzes Resolution 3089 of 2024 issued by INVIAS, which declared the manifest urgency in the Transversal del Casiano, one of the most socioeconomically relevant road sections in the country and, at the same time, one of the most environmentally challenging. Through the study it was determined that the declaration of manifest urgency has not been enough to guarantee the continuity of the transportation service in the Transversal del Cusiana, since after months the partial closures of the road have persisted, thus preventing its full operability and the materialization of the constitutional purposes of direct contracting.
Reconocimiento y Titulación de Territorios Indígenas en Colombia: Obstáculos Desde una Perspectiva Jurídica, Administrativa, Política y Social
(Universidad Santo Tomás, 2026-03-17) Cárdenas López, Enid; Avellaneda Hernández, Sandra Liliana; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001433762; https://scholar.google.com/citations?user=HZ6vvZgAAAAJ&hl=es
This research aims to identify the main obstacles to the formal recognition and titling of ancestral territories in Colombia by reviewing the international and national legal framework, as well as the current established procedures. This research considers the legal, administrative, political, and social factors that impact the effective legal support of land ownership belonging to Indigenous communities. First, the transnational and territorial regulations of Colombia that support both the recognition and titling of Native territories and territorial rights will be examined. The process for titling and recognition of Indigenous territories in Colombia will then be described, in accordance with the regulatory framework that governs it. Subsequently, the main legal, administrative, political, and social obstacles that hinder the effective implementation of the titling process for Indigenous territories in Colombia, affecting the full exercise of rights in their territories, will be identified. Finally, some conclusions regarding the obstacles affecting the recognition and formal titling of Native territories will be presented.
Equidad de género y tributación en la Jurisprudencia Constitucional Colombiana
(Universidad Santo Tomás, 2026-03-19) Moreno Martínez, Jessika Viviana; Romero Molina, Cesar Augusto; Universidad Santo Tomás
This study analyzes the evolution of the principle of gender equity in Colombian taxation through an examination of the Constitutional Court’s jurisprudence, together with relevant national and international legal doctrine. The research problem arises from the recognition that the tax system, although essential for financing public expenditure, is not entirely neutral and may reproduce structural inequalities that disproportionately affect women, due to factors such as lower income levels, labor informality, and the unequal distribution of unpaid care work. The research adopts a hermeneutic analysis of Constitutional Court rulings C-748 of 2009, C-117 of 2018, and C-054 of 2024, based on the constitutional principles of substantive equality, tax equity, progressivity, and contributive capacity. Its purpose is to identify the interpretative criteria developed by the Court when reviewing tax regulations with potentially differentiated gender impacts. Using a qualitative and documentary methodology, the study identifies advances and limitations in constitutional jurisprudence regarding the incorporation of a gender perspective in fiscal matters. Accordingly, the scope of the research is strictly analytical and descriptive, without proposing normative reforms or public policy recommendations.
Omisión estatal en la reglamentación ambiental: implicaciones jurídicas y socioambientales en los páramos de Pisba y el Almorzadero
(Universidad Santo Tomás, 2025) Carvajal Alvarez, Luisa; Guerrero, Hugo
This paper analizes from the regulatory and jurisprudential framework in Colombia, how the state's omission have affected the implementation of public policies that rule the appropriate protection of colombian paramos. Similarly, this article studies how , despite the fact that paramos play a vital role in water regulation and biodiversity conservation, they face a serious lack of protection due to the ineffective state regulation.This situation threatens not only the ecological integrity of these ecosystems but also the rights of the surrounding communities. To this purpose, the legal and jusrisprudential framework governing the delimitation of paramos and their resident comunities will be examined. secondly, this article will contextualize the current state of neglect that affects strategic ecosystems, highlighting the cases of “ Pisba” and “Almorzadero” paramos to identify the socio-environmental implications faced by them and their essential role as potable water source for surronding families.Finally,it will draw conclusions regarding the structural obstacles that hinder the effective implementation and regulation of public policies designed to ensure protection of those ecosystems.
Incidencia Proyectos Hídricos en la Amazonía Desde Agenda 2030 en el Cumplimiento de los ODS
(Universidad Santo Tomás, 2025-10-24) López Rodríguez, Karen Daniela; Acosta Carrillo, Camilo Alberto; Universidad Santo Tomas
This article analyzes how water projects implemented in the Colombian Amazon region between 2015 and 2024 have affected the achievement of the Sustainable Development Goals related to water quality. It begins with an overview of the national and international regulatory frameworks that govern environmental management in Colombia, highlighting how laws and policies have been adapted to align with the guidelines of the 2030 Agenda. It then presents case studies and institutional data that reveal the positive or negative impacts of these projects on water sources. Furthermore, it examines protection mechanisms such as community participation, environmental monitoring, and international cooperation. The research concludes that, although there have been regulatory advances, major challenges remain in institutional coordination and effective oversight, both of which are key to achieving sustainable water management in the Amazon.

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