Maestría Derecho

URI permanente para esta colecciónhttp://hdl.handle.net/11634/144

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Jueces algorítmicos y responsabilidad del operador judicial: límites jurídicos a la inteligencia artificial en la función pública y judicial. Estudio comparado entre Colombia y Brasil
(Universidad Santo Tomás, 2026-09-30) Vanegas Ladino, Fredy Vladimir; Zayas Peña, Leandra Vanesa; Ayala Gamboa, Yaneth; Barbosa Jaimes, Juan Camilo; Universidad santo Tomás
The incorporation of artificial intelligence systems into public administration and the judiciary has produced a remarkable normative convergence in Colombia and Brazil: both legal systems declare that a core of decision-making cannot be delegated to an algorithmic system. This article argues that such a declaration, on its own, amounts to a nominal guarantee. Through a documentary and case-law analysis framed within the study of transnational administrative convergence, along the lines of the global administrative law of Kingsbury et al. (2005), it examines judgments T-323 of 2024 and T-067 of 2025 of the Colombian Constitutional Court, Resolution 615 of 2025 of the Brazilian National Council of Justice, and article 20 of Brazilian Law 13.709 of 2018, set against three European decisions that have already adjudicated public algorithmic systems. The findings show that the human reserve operates in both countries at the final moment of the decision rather than across the system's life cycle, and that the two doctrinal routes employed, namely access to public information in Colombia and data protection in Brazil, yield unequal levels of enforceability, to the point that the Brazilian legislature removed in 2019 the requirement that review of automated decisions be carried out by a natural person. The analysis of two cases on the liability of judicial officers reveals that attribution is triggered by the officer's conduct and not by the system's behaviour. It concludes that the human reserve becomes enforceable only when accompanied by documented life-cycle traceability and a determinate regime of attribution.
Buenas prácticas para el uso de la inteligencia artificial en las Inspecciones de Convivencia y Paz a la luz de la jurisprudencia colombiana
(Universidad Santo Tomás, 2026-09-28) Aparicio Quiñonez, Diego Armando; Guerrero Gutiérrez, Carlos Javier; Archila Antolinez, María Elsa; Universidad Santo Tomás
The use of artificial intelligence in Coexistence and Peace Inspectorates brings new challenges for protecting rights, constitutional guarantees, and the principles that guide their actions. Therefore, this article seeks to demonstrate, based on case law, the limits of its use and to establish good practices, particularly in the abbreviated verbal procedure. It takes into account the nature of each action and how the tool influences the decision-making process of the authority. To this end, it analyzes the applicable legal framework, Colombian case law, and the documents that have guided the use of artificial intelligence in the legal field. Its main references are Constitutional Court Judgment T-323 of 2024, Superior Council of the Judiciary Agreement PCSJA24-12243 of 2024, and Supreme Court of Justice Order AC739-2026. This analysis helps identify rules concerning human oversight, information verification, transparency, data protection, and accountability. It also establishes a clear limit on the use of these tools to replace legal reasoning, the assessment of evidence, the reasoning supporting a decision, or the decision itself by the competent authority. Thus, the article argues that the use of artificial intelligence cannot be defined solely by the tool itself, but rather by the purpose for which it is used and the role it plays in the action. Based on this approach, it proposes a set of good practices to guide the responsible use of artificial intelligence in a manner consistent with constitutional guarantees within the First Coexistence and Peace Inspectorate.
El principio de igualdad material como fundamento de la protección administrativa de las poblaciones vulnerables en Colombia
(Universidad Santo Tomás, 2026-09-28) Cantillo Bocanegra, Juan David; Hernández Arciniegas, Cristhiam Camilo; Porras Moreno, Jeisson Fabian; Universidad Santo Tomas
Colombia is characterized by high levels of economic and social inequality in Latin America, reflected in unequal access to basic services, education, and opportunities. In this context, the principle of substantive equality, enshrined in Article 13 of the Political Constitution, is fundamental to the administrative protection of vulnerable populations. Unlike formal equality, this principle requires differentiated measures that recognize the real conditions of those facing situations of defenselessness or manifest weakness. The research focused on analyzing the importance of substantive equality as a foundation for administrative action, with specific objectives centered on describing its legal scope, identifying scenarios of vulnerability, and reflecting on the need for differentiated protection. The process of constitutionalizing the right to equality has allowed for moving beyond an abstract view, consolidating a legal category of subjects requiring special protection. From this perspective, substantive equality becomes relevant by recognizing that identical treatment in different situations can exacerbate existing inequalities, making it necessary to adopt measures aimed at guaranteeing real and effective conditions for the exercise of rights. The research was conducted using a qualitative approach, through a descriptive and documentary analysis of constitutional provisions, international instruments, jurisprudence, and doctrinal references related to substantive equality, vulnerable populations, and differentiated administrative action. The analysis established the relationship between conditions of vulnerability and the need for authorities to adapt their decisions and policies to the particular circumstances of certain groups, with the aim of overcoming structural barriers that limit effective access to rights.
La incorporación de la inteligencia artificial en las políticas públicas de Brasil y Colombia desde una perspectiva comparada
(Universidad Santo Tomás, 2026-09-25) Martínez Rojas, Angélica María; Sierra López, Ines del Carmen; Correal Torres, Paula Nathalia; Universidad Santo Tomás
This article examines how artificial intelligence has been incorporated into the formulation and implementation of public policies in Brazil and Colombia, following a path that begins with the technical origins of the technology, continues with the states that first brought it into government management and ends with a contrast between the two South American countries. The approach is qualitative, reflective and interpretive, and relies on a documentary design whose declared methodological axis is policy transfer and diffusion, complemented by legal transplant theory for the examination of the European regulatory reference. The corpus is a purposive, non exhaustive sample of eighty-seven items including norms, case law, policy documents, reports from multilateral organizations and peer reviewed academic literature, selected according to explicit criteria of thematic relevance, institutional rank and source verifiability, with publication dates between 1950 and August 2026. The findings show that Brazil built its institutional framework on a previously consolidated normative base, has considerably greater fiscal capacity and has brought the technology into almost all of its courts and oversight bodies, while Colombia formalized its specific national artificial intelligence policy four years later, with a more modest budget allocation and an adoption concentrated in the implementation stage of policy. In both countries the evidence indicates that the technology spreads faster in service operations than in the design of public decisions, that binding regulation advances slowly compared with the pace of adoption and that safeguards against algorithmic opacity still depend on instruments of a merely guiding nature whose legal enforceability is limited. The work concludes that the gap between the two cases lies in accumulated institutional capacity rather than in declared political will.
La IA y el derecho administrativo: Alcance, Límites y Responsabilidades
(Universidad Santo Tomás, 2026-09-25) Oviedo Caro, Edinson Orlando; Rueda Duarte, Lenis Joana; Sanchez Uribe, Orlando; Sanchez Rodriguez, Natalia; Universidad Santo Tomas
This article analyzes the impact of the use of Artificial Intelligence (AI) in disciplinary proceedings in Colombia. The use of AI entails improvements in the substantiation of proceedings, while also reducing the risk of prescription of disciplinary actions. However, its application involves technical, ethical, and legal challenges that must be addressed with responsibility and rigor. Among the risks are possible errors in decision-making, violations of privacy, unlawful disclosure of personal data, and infringements of procedural guarantees established in disciplinary regulations. Based on a literature review, the fundamental concepts of AI, its origin and evolution, as well as the limited regulation existing in Colombia are identified, in contrast with the regulatory progress in Brazil through Bill No. 2338 of 2023. The analysis was supported by academic literature, case law, and current legislation, thereby constructing arguments backed by qualitative evidence. As a result, it is shown that Artificial Intelligence can be used as a support tool in the analysis of cases and legal precedents, and assist in the drafting of disciplinary decisions through the analysis and interpretation of the case based on the evidence collected during the proceedings. Nevertheless, it is concluded that it is urgent to establish regulatory frameworks that clearly define the scope, limits, and responsibilities of the disciplinary authority, the investigated party, and AI providers, with the purpose of ensuring proceedings that fully respect the fundamental rights of those subject to disciplinary action.
La inteligencia artificial como herramienta de apoyo en la fase precontractual de la contratación estatal colombiana
(Universidad Santo Tomás, 2026-09-25) Meneses Torres, Silvia Juliana; Vera Villamizar, Jorge Alberto; Suarez Quiroga, Pedro Javier; Sánchez García, Sylvana; Universidad Santo Tomas
The implementation of artificial intelligence tools in public administration offers opportunities to optimize government procurement processes, yet it also raises questions regarding transparency, objective selection criteria, and the accountability of those involved in decision-making. This article analyzes the opportunities and challenges associated with using such technologies in planning, sectoral studies, the preparation of preliminary studies, and bid evaluation, while also examining implementation-related legal risks and documenting relevant regulations and practices. Furthermore, the study reviews regulatory provisions, institutional documents, legal doctrine, and specialized literature concerning AI, public procurement, and digital administration. Drawing on insights gained during an academic exchange in Brazil—including expert discussions on data protection and legal liability, as well as a comparative analysis of regulatory mechanisms—we examine the risks within the Latin American context, particularly in Colombia. We acknowledge that artificial intelligence can assist in processing vast amounts of information, reviewing documents, identifying past contractual precedents, structuring documentation, and evaluating bids, thereby reducing the time spent on repetitive tasks. However, these advantages do not imply that automated systems will replace the technical and legal judgment of public officials. The use of automated systems entails risks related to algorithmic opacity, bias, personal data protection, decision traceability, and liability. Consequently, we propose that the use of these tools be governed by principles of human oversight, transparency, verification, and accountability, ensuring that technological innovation enhances public management without undermining the social rule of law.
Intervención del Estado colombiano frente al uso ilícito de inteligencia artificial y su impacto en el derecho humano a la propia imagen. Análisis comparado entre Colombia y Brasil
(Universidad Santo Tomás, 2026-09-23) Ruiz Piñeros, Jairo Odair; Perez Lizarazo, Bridgeth Yorlady; Pérez Pereira, Yesica Alejandra; Moncada Flórez, Juan Pablo; Universidad Santo Tomas
This reflective article studies the legal and jurisprudential framework of the human right to one's own image and the protection of personal identity in Colombia and Brazil. These rights are currently threatened by the malicious or illicit use of artificial intelligence (AI). It emphasizes that these threats have increased significantly in these two societies, especially the falsification of personal identity through so-called deepfakes and sexual deepfakes. These methods disproportionately affect women and girls as victims, establishing themselves as another form of gender-based violence perpetrated through the use of new technologies. The article describes the illicit use of AI, outlines its main forms, and examines the impact of this technology on the commission of criminal offenses in Colombia and Brazil. It also analyzes the legal interventions in both countries regarding the protection of the right to one's own image against the illicit use of AI. Finally, it examines the state of regulations concerning sexual deepfakes in Colombia and Brazil. With a clearer picture, proposals were made to address existing legal gaps, such as implementing aggravated penalties for criminal conduct in general and for identity theft committed using AI. Ultimately, it was concluded that both Colombia and Brazil have regulatory gaps and that currently, despite well-intentioned bills, any criminalization of these phenomena must be based on pre-existing offenses.
De la responsabilidad social a la debida diligencia: la función social de la empresa y la protección de los derechos humanos
(Universidad Santo Tomás, 2026-09-22) Castillo Reyes, Jhan Marco; Diaz García, Laura; Fontanilla Amaya, Diana Carolina; Martínez Castro , José Ángel; Universidad Santo Tómas
This article examines the social function of business as a point of articulation between economic freedom and the protection of human rights, emphasizing the transition from corporate social responsibility (CSR) to human rights and environmental due diligence. The analysis begins with Article 333 of the Political Constitution of Colombia and the constitutional case law that situates business activity within a social market economy. It distinguishes between the voluntary commitments characteristic of certain CSR practices, the concrete legal duties incumbent upon companies, and due diligence, understood as a continuous process of identifying, preventing, mitigating, monitoring, communicating, and, where appropriate, remediating adverse impacts. The study adopts a legal, reflective, and comparative methodology, reviewing constitutional norms, judicial decisions, public policies, and international standards applicable in Colombia and Brazil. The parallel between the two legal systems reveals two distinct paths through which the social function of business is realized: Colombia expressly recognizes it in Article 333 of its Constitution and has advanced the business-and-human-rights agenda through Decree 552 of 2026, while Brazil links the social function to Article 170 of its Constitution and develops it explicitly for corporations in Articles 116 and 154 of Law 6,404 of 1976 The article concludes that due diligence cannot be presented as a simple substitute for CSR, nor as a uniform legal obligation identical for all companies; its enforceability depends on the applicable regulatory, jurisprudential, contractual, and sectoral framework. The comparison with Brazil reveals shared progress, legal differences, and common gaps, particularly regarding cross-cutting regulation and effective remediation mechanisms.
Desafíos del derecho penal frente al auge de la inteligencia artificial: un estudio comparado sobre las soluciones normativas adoptadas por Colombia y Brasil
(Universidad Santo Tomás, 2026-09-22) Florez Díaz, Eduin Oswaldo; Rangel Ardila, Juan Sebastían; Uribe Motta, Angee Lorena; Zher Sandoval, Leonardo; Universidad Santo Tómas
Facing the dizzying advancement of new technologies and the shift of human activities into digital environments, criminality has evolved by adopting these tools for committing crimes. Given this reality, new behaviors have emerged that infringe upon individual autonomy and image rights, as well as those leveraging artificial intelligence (AI) to deceive, impersonate, or attack citizens and institutions, generating synthetic elements with evidentiary value. In this context, this article analyzes the state of the art of AI in the Colombian criminal justice system, evaluating the challenges it faces both in substantive criminal law (criminalization and protected legal interests) and in procedural criminal law (evidentiary standards, right to cross-examination, and digital chain of custody), through a comparative study of the regulatory solutions adopted by Brazil. To this end, a reflective dogmatic analysis of current legislation and pending bills is developed.
Omisión legislativa y daño por responsabilidad estatal: análisis de la gestación por sustitución frente a los derechos fundamentales de la niñez en Colombia
(Universidad Santo Tomás, 2026-08-24) Becerra Gonzalez, Angela del Pilar; Valencia Caballero, Cesar Javier; Universidad Santo Tomas
This research analyzes the extracontractual liability of the Colombian State for legislative omission in the regulation of surrogacy contracts. Based on the existing legal vacuum, it examines how the delay in legislating on this practice creates a scenario of legal uncertainty that directly affects the fundamental rights of children born through this assisted reproduction technique. The study begins with a conceptual and normative framework that identifies the constitutive elements of State liability for service failure, with emphasis on the figure of legislative omission. Subsequently, it reviews five exhortative rulings of the Constitutional Court, in which the Congress of the Republic has been urged to legislate on the matter, without a regulatory framework having been enacted to date. Such non-compliance produces practical consequences: difficulties in civil registration, access to nationality, determination of parentage, healthcare and social security, and other rights associated with the comprehensive protection of children. Likewise, a comparative study of foreign legislations—particularly in countries such as Spain, México, Argentina, Italy, and Germany— highlights applicable international standards and the different models of surrogacy regulation. Finally, the study concludes that the absence of legislation in Colombia not only disregards the repeated orders of the Constitutional Court but also constitutes unlawful harm to children, by depriving them of effective protection guarantees, which in turn activates State liability for legislative omission.
Autonomía tributaria municipal en Colombia, un paso hacia la descentralización fiscal
(Universidad Santo Tomás, 2026-06-26) Guerra Pabon, Maria Esperanza; Romero Molina, Cesar Augusto; Universidad Santo Tomás
This work stems from a tension experienced daily in municipal administrations: the 1991 Constitution proclaims a decentralized state and recognizes the autonomy of municipalities, but in practice, this autonomy clashes with legal and institutional limitations that render it meaningless. My research analyzes precisely the extent of this autonomy in tax matters and how it can be strengthened. Research question: Which legal and tax institutions in the management of the unified property tax and the industry and commerce tax allow for strengthening municipal fiscal autonomy in Colombia to improve revenue collection efficiency, while respecting the constitutional limits of the principle of legality and the unitary state model? The general objective was to analyze the legal and tax institutions specific to municipalities—with an emphasis on the unified property tax and the industry and commerce tax—with three interconnected purposes: first, to determine their actual scope within the unitary state; second, to identify the legal and procedural factors that limit their revenue collection efficiency; and third, to formulate well-founded proposals to strengthen them. That is to say: to diagnose the scope, explain the shortcomings, and propose solutions, always within the current constitutional framework. • First: to determine the legal scope of autonomy in relation to the principles of legality and statutory reservation, establishing the limits of the derived taxing power and the authority of municipal councils. • Second: to legally analyze property tax and the Industry and Commerce Tax (ICA) as the main local taxes, with emphasis on the problems of their tax base, rates, oversight, and collection. • Third: to identify the procedural aspects that affect efficiency—oversight, official determination, appeals, enforced collection, and cadastral management—based on the diagnosis of the Commission for the Study of the Territorial Tax System. • Fourth: to formulate legally sound proposals to strengthen municipal tax institutions within the constitutional framework. The methodology. The design is dogmatic-legal, with a qualitative approach and inductive reasoning, because the object of study—the real scope of autonomy—requires examining the sources of the legal system: constitutional, statutory, jurisprudential, and doctrinal, and contrasting them with technical data. Results: 1. Autonomy is derived, not original. 2. Property tax depends on the cadastre; the Industry and Commerce Tax (ICA) depends on territoriality and informality. 3. There is a structural gap between the law and actual capacity. 4. The proposals operate within the current framework. Municipal tax autonomy has a real, but limited, legal scope; it is exercised in administration, oversight, collection, and the setting of rates authorized by law, not in the creation of the tax. The second, and most relevant for public policy, finding is that the obstacle is not normative. The legal tools already exist; the real challenge is to strengthen the institutional, administrative, and technical capacity of municipalities to effectively exercise the powers that the Constitution and the law already recognize. In short, Colombia doesn't need more rules: it needs municipalities capable of enforcing the ones it has.
Análisis de incidencia de la auditoría sobre las cuentas médicas en el Sistema General de Seguridad Social en Salud
(Universidad Santo Tomás, 0022-06-20) Arenas Arenas, Jaime Alberto; Florez Rojas, Marlene; Castro Pérez, Armando; Universidad Santo Tomas
This study seeks to analyze the impact of medical billing audit reports on the legal nature and collection of invoices generated for healthcare services within the Colombian General Social Security System for Health. To achieve this, a qualitative, descriptive, and hermeneutic-legal approach was adopted, based on documentary, regulatory, and jurisprudential analysis, which allows for the interpretation of the scope of the system's contractual rules and techniques. Through the study of current regulations, judicial precedents, technical manuals, and specialized doctrine, it was found that the audit not only fulfills a review function but also determines the liquid and enforceable amount of the obligation, forming, together with the invoice and its supporting documentation, a complex enforceable instrument. However, significant shortcomings were identified in the binding application of the audit results at the time of collection, generating legal and procedural conflicts among the actors in the system, affecting the flow of resources and the financial sustainability of the healthcare sector. In conclusion, it is essential to clarify the legal nature of the audit report, foster a culture of transparency and control, and promote regulatory adjustments that fully recognize the audited value as the basis for any recognition and payment process, thus ensuring a more efficient and fair management of resources allocated to public health
El Deber De Selección Objetiva En Los Contratos De Consultoría Celebrados Bajo La Modalidad De Mínima Cuantía
(Universidad Santo Tomás, 2026-06-19) Henrnandez Vergel, Ener; Vargas Sepulveda, Carlos Mario; Sánchez García, Sylvana María; Universidad De Santo Tomás
The consulting contracts described in article 32 of Law 80 of 1993, are those whose purpose is to carry out investment projects in accordance with Law 1150 of 2007, and were derived exclusively from a selection process whose modality is called a merit contest. Objectively weighing the most favorable offer for the entity without taking into account the value of the proposal, with the appearance of the contractual modality called minimum amount in 2011, the entity only evaluates the offer that offers the lowest price without considering additional factors of experience and suitability. A divergence then arises from the duty of objective selection and the most favorable offer. The aim is to demonstrate through a normative, descriptive and analytical analysis that the minimum amount modality as a mechanism for selecting consultants violates the principle of objective selection and could put at risk the general interest of the administered parties who seek to receive benefits from the State through public contracting and at the same time to plant an idea where a special section can be generated within the minimum amount modality for the selection of the contractor when it comes to consulting contracts.
La distribución de cargas entre el asegurado y el asegurador para la configuración de los efectos jurídicos del fenómeno de reticencia en el contrato de seguro de vida
(Universidad Santo Tomás, 2026-05-04) Rodríguez Rivera, Daniela; Tarazona Rincón, Wilinton; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002236518; https://scholar.google.com/citations?hl=es&user=UvqTUmvQ2BEC; https://orcid.org/0000-0001-8406-6450
There is an ongoing tension within the field of life insurance. Consequently, this investigation undertakes an in-depth analysis of Article 1058 of the Colombian Commercial Code, which imposes upon the insured the obligation to disclose the current state of the risk at the time of contract formation, under penalty of relative nullity in the event of omission, in order to prevent the insurer from assuming unknown risks. Simultaneously, and as a result of the neo-constitutional approach introduced by the 1991 Constitution, this study also examines the jurisprudential developments of the Constitutional Court, which have established differentiated obligations aimed at rebalancing the insured–insured relationship, recognizing the latter as the weaker contractual party. Accordingly, the research evaluates whether such allocation of burdens is proportionate and whether it ensures contractual equity, through a comprehensive normative and jurisprudential review. This methodological approach culminates in the construction of a national normogram and technical analytical sheets of case law, which serve as essential tools for understanding the complexity of the issue.
La función preventiva en el ministerio público: un análisis de cara a los instrumentos y mecanismos institucionales y jurídicos en el ordenamiento territorial municipal de Bucaramanga
(Universidad Santo Tomás, 2026-04-13) González Gallego, Dayanna; Ramírez Ayala, María Alejandra; Barragán Pachón, J Mario; Universidad Santo Tomás
This research analyzes the preventive function of the Public Ministry at the municipal level through the examination of the Municipal Ombuds Offices of the Metropolitan Area of Bucaramanga, with the purpose of identifying its limitations and proposing operational mechanisms that allow its institutionalization as a form of anticipatory administrative control. A qualitative approach was applied, based on a documentary and descriptive–propositional design that included normative, doctrinal, comparative and institutional analysis. The findings show that, although the Colombian Constitution recognizes prevention as a core mission of the Public Ministry, its implementation at the municipal level is fragmented, reactive and lacking management tools, which limits its effectiveness and prevents impact measurement. The comparative analysis demonstrated that international ombudsman models have developed early warning systems, risk indicators and coordination mechanisms, which remain absent in the local practice. Based on these results, a proposal was formulated consisting of two operational instruments: the Municipal Early Warning Protocol (PMAT) and the Local Preventive Surveillance Committee (CLVP). Both instruments are legally and administratively feasible, as they do not require statutory reforms or institutional expansion. In addition, a set of basic indicators was designed to evaluate preventive impact in risk, early correction, coordination and repetition of administrative complaints. The research concludes that prevention constitutes a structural component of administrative control and that its consolidation demands technical instruments for institutionalization and evaluation.
Proceso ejecutivo en la jurisdicción contenciosa administrativa y la garantía del debido proceso y la seguridad jurídica
(Universidad Santo Tomás, 2026-03-25) Gil Rojas, Elkin Jesús; Sánchez Rodríguez, Natalia; Universidad Santo Tomás
This research paper intends to demonstrate that the enforcement process (PE) applicable in the contentious-administrative jurisdiction, regulated by two procedural frameworks, Law 1437 of 2011 (hereinafter CPACA) and the General Code of Procedure (hereinafter CGP), contains procedural stages that are incompatible with the execution of judicial decisions. Such incompatibilities undermine and/or negatively affect legal certainty and due process
Análisis económico de los institutos jurídicos denominados provisionalidad, pre pensionados y concurso de méritos. Una revisión desde la jurisprudencia
(Universidad Santo Tomás, 2026-02-19) Camacho Salazar, Sharoms Dayana; Rivera Rojas, Laura Valentina; Leal Rico, Juan Pablo; Universidad Santo Tomás
This research paper aims to demonstrate how the economic analysis of law (EAL) influences the divergence between a provisional pre-pensioner and the winner of a merit-based competition. This issue arises from the disparity and lack of consistent criteria in the rulings of the high courts, which generate contradictions across different judicial scenarios, resulting in legal uncertainty for those subject to administrative decisions. As a substantive theory, EAL seeks to uncover the underlying rationale of judicial decisions and to guide those who administer justice in making rulings that properly align with the law. This study employs a deductive method, analyzing judgments issued by the Council of State and the Constitutional Court, as well as assessing the efficiency analysis these judicial bodies conduct regarding fundamental rights—such as equality and merit—versus rights to social security, a minimum subsistence level, and life under dignified conditions. The goal is to qualitatively identify the criteria for divergence and convergence of these high courts in relation to the subject matter, and to examine the influence of the economic analysis of law on these decisions.
“Mecanismos de participación de las Víctimas en la Contratación Estatal: Una propuesta a partir de la ejecución de la política de víctimas en el Departamento de Santander (2020-2023)"
(Universidad Santo Tomás, 2026-02-03) Sandoval Velandia, Edith Adriana; Diaz Jaimes, Juan Manuel; Buenahora Galvis, Ivan Dario; Univesidad Santo Tomas
The research analyzes the effective participation of Victims’ Organizations (O.V.) of the armed conflict in state contracting processes in the Department of Santander, within the framework of Law 1448 of 2011. The study begins with the regulatory recognition of victims’ right to intervene in the formulation, implementation, and monitoring of public policies, and identifies as a problem the limited materialization of such participation in contractual settings. The general objective was to propose measures for effective participation of O.V. in contractual processes carried out in Santander between 2020 and 2023. To achieve this, the structure of the Departmental Action Plans (PAD) and Territorial Action Plans (PAT) was detailed, potential participation scenarios were identified, and the most frequent contracting modalities in the municipalities were examined, along with the regime of disqualifications and restrictions that may limit the inclusion of these organizations. The methodology corresponded to a qualitative paradigm and method with a descriptive design, based on data collection through primary and secondary documents. The results show that, although direct contracting and minimum amount contracting represent modalities with potential to enable O.V. participation, regulatory complexity, lack of technical and financial resources, and absence of political will in some municipalities limit their effectiveness. In response, measures are proposed aimed at simplifying requirements, providing training and technical assistance, explicitly incorporating O.V. as executors in the PAT, strengthening oversight and social control mechanisms, and ensuring access to public information.
Garantía a política pública de víctimas en el Departamento de Santander: protocolo para la atención, asistencia y participación desde las Personerías Municipales, 2025
(Universidad Santo Tomás, 2025-06-03) Salas Cardozo, Laura Viviana; Buenahora Galvis, Ivan Dario
This study aims to analyze the intervention of the Municipal Offices in the Department of Santander in the implementation of the Public Policy for attention to victims of the armed conflict, and to propose a guiding protocol that improves its development. The central problem lies in the barriers that victims face in exercising their participation rights, which limits the effectiveness of public policies in their care. A descriptive and diagnostic method was used, using surveys of representatives and mayors, and the current regulations and the participation of the Representatives in Law 1448 of 2011 were analyzed. The results show difficulties such as lack of information, problems of accessibility to spaces for participation, and resistance to change in institutional structures. Additionally, it was observed that victims face geographical and climatic obstacles, and low participation due to lack of commitment and training. The discussion highlights the need to implement continuous and specialized training, as well as improve inter-institutional coordination, to guarantee effective participation of victims in the care, reparation, and justice processes. It is concluded that the creation of a guiding protocol would strengthen the work of the Personerías and facilitate the effective implementation of public policy.
El principio de precuacion y la inteligencia artificial en la administracion de justicia
(Universidad Santo Tomás) Villalba Arenas, Dayron Arley; Delgado Maldonado, William; Monsalve Mantilla, Milton Duban
This work arises from the emergence of generative artificial intelligence in the judicial scene, not only as a promise of greater efficiency and access to justice, but also as a potential source of legal and ethical complexities, as it poses significant challenges due to the inherent risks associated with its accuracy, impartiality and reliability, this as Artificial Intelligence begins to play a more active role in judicial processes, from support in administrative matters, through the evaluation of evidence to decision-making, risks can lead to negative consequences, both for the individuals involved in the judicial processes and for the administrative and extracontractual liability of the Colombian State, so under this context, it is intended to propose how said context of responsibility could be limited and it is there, where we frame ourselves in exploring and analyzing the precautionary principle, which is presented as a vital analytical framework to address these challenges within the current technological context, given that it is no secret that the public administration faces a significant challenge in managing risks inherent to its operations. The failure to adequately manage these risks has led to countless lawsuits against the State. It must be clarified that artificial intelligence is no longer a concept of the future but a tangible reality that is part of our present.

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