Doctorado Derecho

URI permanente para esta colecciónhttp://hdl.handle.net/11634/131

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Memoria, autodeterminación, identidad y construcción de paz: Reconocimiento y regulación del derecho fundamental a la memoria en Colombia
(Universidad Santo Tomás, 2026-04-29) Ramírez Montufar, Vivian Carolina; Moya Vargas, Manuel Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000510955; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001671631; https://scholar.google.com/citations?user=okcBVmcAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4969-9310; https://orcid.org/0000-0003-3749-6209
Memory is a human and counterhegemonic right in the light of social movements and is present in legal pluralism, it is a guarantee and measure of symbolic reparation undervalued in Colombia, which is projected in different scenarios as part of the truth or reparation of the communities, which has not been regulated despite the context of transition that the country has and considering that to achieve the rights to truth, justice, reparation and guarantees of non-repetition, it needs to be protected through the creation of public policies and state investment that recognizes it as a fundamental right of the communities and not only as a form of reparation for victims. In Colombia, it is necessary to recognize and deepen the integrality of the memory of the communities from its three individual, collective and historical dimensions, taking into account the massive violations of human rights, being an intrinsic requirement for the transition, such is the example of the dictatorships of the southern cone and the world wars in Europe. Landing on memory in light of international standards and their role in transition processes in which conflicts do not have homogeneous patterns and respond to convergent and different dynamics, this research emphasized the social, local and legal context of the indigenous communities in the department of Nariño, as a proposal that can be implemented or studied in different research scenarios in transitional processes and memory reconstruction taking into account access to the sample obtained. This proposal seeks to generate a reflection on the incidence and importance of memory to those who have historically been transgressed in their rights, integrality, good living and constitutional actions have been aligned towards their protection and physical and cultural survival; However, memory has been made invisible in its regulation and protection by the Colombian state; Therefore, constitutional recognition and legal regulation are required to be enforceable within Colombian justice, within the different processes that involve comprehensive reparation, truth and non-repetition. In this context, it is imperative to address the specific cases of the indigenous communities in Nariño taking into account their right to self-determination, where memory is established as a fundamental right through the intrinsic recognition of legal pluralism. This recognition is reflected in various instruments, such as life plans, where memory is manifested as an essential component of the resistance, resilience and cultural survival of the people of Nariño. This research project proposes to carry out a field study in the non-associated reservations of the Awá People (Magui) and in the Pastos Villages of the municipality of Cumbal through the victims' table. In this sense, the project seeks to analyze the relevance of memory as a counter-hegemonic right that is directly related to the right to self-determination of peoples and which requires regulation in order to be demanded in the legal field through a law. statutory; An example of this is the life plans of the indigenous communities of the Cumbal reservation, focusing on the reconstruction of historical and collective memory through the perspective of the table of victims of indigenous communities in the municipality of Cumbal (Pueblos Pastos). The objective is to investigate the victimizing events and the resilience processes experienced in the territory, recognizing memory in its individual, collective and historical dimensions in the period between 1993 and 2021. Likewise, a detailed analysis of the case of the non-associated reservations of the Awá People will be carried out, considering the mandates of their life plan as crucial elements in the initiatives of resistance and symbolic reparation as collective subjects. This research project culminates in the formulation of a bill aimed at regulating the right to memory in Colombia. This regulation will address the three essential spheres of memory: individual, collective and cultural. The relevance of this approach lies in the need to align with national transitional justice processes, thus seeking to effectively contribute to the construction of peace, reconciliation and the prevention of the repetition of persistent structural violence in the Colombian case and that can be implemented or referenced in other countries. In conclusion, memory, understood as the right to remember freely, construct, transform and deconstruct from individuality, collectivity and pluralism, stands as the fundamental pillar of this research project, which aspires to positively impact the construction of the path to peace for Colombia and the reconstruction of the social fabric.
El enfoque diferencial de género en el derecho penal colombiano: Un análisis doctrinal, jurisprudencial y empírico (2010-2024). diálogos con Chile y México desde los derechos humanos
(Universidad Santo Tomás, 2026-04-08) Toloza Ramírez, Luís Alejandro; Velendia Montes, Rafael; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000279781; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002295756; https://scholar.google.com/citations?user=msIoaFkAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4947-5544; https://orcid.org/0009-0003-0418-760X
Gender-based violence is as old as humanity itself, it reflects the patriarchy's social structures that have subjugated women individuals with different gender identities. Throughout history, this type of violence has been represented through various methods, including physical aggression, sexual assault, and emotional, and economic abuse and has taken place in both public and private places. Gender-based violence is the topic that the following doctoral thesis will cover through the context of the differential gender approach as a key element to understand discrimination and inequality dynamics that affect women and the LGBTIAQ+ community. This viewpoint would not only unfold the different ways that violence is represented but also raise the need to adapt the trial's legal framework to ensure equal and effective protection of human rights within the framework of Colombian criminal law. The key purpose is to examine and analyze the doctrine, norm, and jurisprudence that allows us to make evident the topic's advancement and to show Colombia's stance regarding rendering justice with issues related to gender-based violence. To accomplish this, a comparative analysis would be made with Chile and Mexico, nations where the implementation of these regulations, focusing on the differential gender approach, has evolved. Both countries significantly expanded their respective criminal laws to encounter GBVs, establishing rules and policies that seek to protect effectively women and the LGBTIAQ+ community. The comparative section would acknowledge the implementation and lessons that could be useful for executing the gender approach in Colombian criminal law. The methodological strategy would focus on qualitative socio-legal research, a documentary technique of primary and secondary sources, and a doctrinal and jurisprudential analysis. This approach allows us to highlight the laws and rulings vital components related to criminal law and gender approach to identify both progress and areas for improvement. In conclusion, the thesis states that despite Colombia's improvement toward the inclusion of the gender approach in criminal law, additional efforts are needed to guarantee its correct execution. Applying this perspective in Colombia's criminal justice system is a pending task that demands constant review and adjustment so the criminal law can be truly equal and inclusive.
Análisis jurídico y político de la democracia constitucional como instrumento de lucha contra la corrupción en territorio colombiano
(Universidad Santo Tomás, 2025-10-10) Barrera Gomez, Luis Fernando; Güecha Medina, Ciro Nolberto; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000089359; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000750271; https://scholar.google.com/citations?user=tk0CHIcAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0002-0318-5907; https://orcid.org/0000-0003-1462-4853
Since the beginning of the history of humanity and types of government, democracy has been conceived as the mechanism in which the people being governed are allowed to participate to a greater extent. Notwithstanding the above, those who exercise the acts of government are also people, who can be tempted to acts that favor them personally or that benefit people close to them. In this sense, this doctoral research will address as main axes the questions, focused on determining the basic precepts of constitutional democracy and the principles of anti-corruption policies; In this way, this document is prepared using the qualitative analytical method, because it is developed by collecting information, identifying academic parameters that in turn allow for a conceptual assessment of the general hypothesis of the research.
Justicia Interamericana y Deber de Reparación en Colombia 1995-2023: Fundamentos Jurídicos para un Emergente Procedimiento Interno de Cumplimiento
(Universidad Santo Tomás, 2025-07-01) Charry Rojas, Rodolfo; Gómez Jaramillo, Alejandro; Huertas Díaz, Omar; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000656046; https://scholar.google.com/citations?user=HcDh2YAAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4095-168X; https://orcid.org/0000-0002-8012-2387
The doctoral thesis examines the internal procedures established by the State of Colombia to comply with the reparation measures established by the various condemnatory rulings issued against it by the Inter-American Court of Human Rights during the years 1995 and 2022 June, for which the sentences that have declared the effective international responsibility of the State for violations of the Inter-American Convention on Human Rights as well as its level of compliance up to the year mid-2023 included, along with the description and analysis of the existing internal procedures for its observance, finally setting out the foundations legal aspects of an emerging system of internal procedures that advocate achieving a better level of compliance with the conventional duty of reparation and therefore the effective materialization of inter-American justice. The research is conducted under a qualitative methodology with a documentary technique and jurisprudential analysis, focus on human rights and procedural law and an inter-American Ius Commune perspective.
La descentralización territorial en el marco de la Comunidad Andina (CAN)
(Universidad Santo Tomás, 2015) Blanco Alvarado, Ruth Carolina; Pardo Flórez, Fernando Alexei; Universidad Santo Tomás
El modelo de equilibrio integral para la decisión judicial - constitucional : proporcionalidad y ponderación como técnicas de aplicación para la construcción de decisiones judiciales más justas y eficientes. Una propuesta desde el enfoque interdisciplinar Derecho y Economía
(Universidad Santo Tomás, 2016) Quiroga Natale, Edgar Andrés; Pardo Flórez, Fernando Alexei; Universidad Santo Tomás
Agresiones Sexuales Como Arma de Guerra en el Conflicto Armado Colombiano, Hacia una Política Criminal Terapéutica
(Universidad Santo Tomás, 2024) Vega Nuñez, Richard Eloy; Valencia Villamizar, David; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000447340; https://scholar.google.es/citations?hl=es&user=7Y6nNCYAAAAJ
Questioning the human being has been one of the great enigmas in history. It has been considered the superior living being par excellence; however, this perfect being is a process of constant construction, perfecting itself with each moment. Yet, it is considered that there are actions that paradoxically show that, rather than evolution, it is an involution. In fact, one of the mechanisms that allows us to reach this conclusion is generated by confrontations between its own kind, where it destroys and self-destructs. After tracing the evolutionary path of war and the existence of sexual assaults within this social phenomenon, the focus was placed on sexual assaults within the framework of the Colombian armed conflict, specifically regarding the profile of sexual aggressors, in order to carry out an analysis on the existence of a criminal policy in Colombia, related to proposals for reeducation processes with demobilized individuals from the armed conflict. To achieve this, the main focus was on studying sexual assaults used as a weapon of war within the framework of the Colombian armed conflict, to determine whether the motive presents variables, with the aim of establishing behavioral patterns of sexual aggressors. This circumstance led to a deeper analysis of the issue to clarify Colombian criminal policy with a therapeutic, preventive, and resocializing approach.
El Papel de los Jueces de Paz, y la Aplicación de la Justicia en Equidad, a Partir de la Innovación Tecnológica de la Inteligencia Artificial
(Universidad Santo Tomás, 2023-09-22) Alfonso Rojas, Juan Ricardo; Cárdenas Sierra, Carlos Alberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000379379; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001469245; https://scholar.google.com/citations?hl=es&user=_l_zU5MAAAAJ; https://scholar.google.com/citations?hl=es&user=rjlFDMgAAAAJ; https://orcid.org/0000-0001-9918-6666; https://orcid.org/0000-0002-5219-149X
The constant dynamic within a world, where the human being is virtuous not only for his physical qualities and ideals, but also for knowing how to take advantage of his intelligence and provide it for everyone, is how he constantly creates new tools that allow us to qualify the advancement and quality of its civilization and that also uses them for its well-being. Currently there is no greater technological tool than artificial intelligence, since its creation and purpose is to equal and surpass the human being. situation that is observed from all human fields and the law is no exception because there are tools that help and improve the weakened justice that prevails in nations, however, there are situations and questions where can it be thought that a machine replaces a Judge, in our case the Justice of the Peace, that has not yet been given, but it is not left aside because the day may come when that replacement can be seen. Likewise, as technology advances by leaps and bounds, we must think about legislating and regulating artificial intelligence, where it is definitely human intelligence and authority that decides all data or decisions of this avant-garde technology, without forgetting justice in equity, where it has always sought the common good for all in a comprehensive and peaceful way.
El Mundo Globalizado y sus Nuevos Escenarios: Una mirada a la Precarización del Derecho al Trabajo.
(Universidad Santo Tomás, 2023-09-14) Nieto Ríos, Wilson Alberto; Higuera Jiménez, Diego Mauricio; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001344891; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001633017; https://scholar.google.com/citations?hl=es&user=cAQRZSoAAAAJ; https://orcid.org/0000-0002-0086-0065
The first chapter of this research work aims to historically establish the milestones that have marked the emergence, evolution, and establishment of the Right to Work and labor relations between employee and employer as relationships subject to rights and obligations protected by both international and national jurisprudence, making the Right to Work a fundamental right firmly anchored to Human Rights. In Colombia, this right becomes constitutional based on events before and after the 1991 Political Constitution of Colombia, the proclamation of the Social State of Law, and its protection through the block of constitutionality
El Trato no Igualitario de la Incapacidad Temporal en el Sistema de Seguridad Social Integral de Colombia. Una Aproximación desde los Derechos Humanos y la Teoría de la Discriminación Indirecta
(Universidad Santo Tomás, 2023-08-09) Valero Pacheco, Ivonne Constanza; Ballesteros Moreno, María Constanza; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001562809; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000867519; https://scholar.google.com/citations?hl=es&user=gNTDKPYAAAAJ; https://scholar.google.com/citations?hl=es&user=nOAZHgQAAAAJ; https://orcid.org/0000-0003-3147-7488; https://orcid.org/0000-0002-3217-0800
The main objective of the research was to establish the theoretical elements that justify the equal recognition of sick leave due to common and occupational illness in the Colombian Social Security System from the perspective of human rights. To this end, three specific objectives were established: the first, to determine the needs for reform in the current legislation on sick leave, within the framework of human rights and the principle of human dignity, based on the analysis of legal evolution and jurisprudential of sick leave in the Colombian regulatory system; Second, to identify a possible legal solution to unequal treatment in sick leave as a benefit of work origin versus that of general origin through comparative law applied to social security systems that govern the Ibero-American countries chosen for the study ; and, finally, propose theoretical guidelines to grant equal treatment of the disease and therefore the recognition of sick leave as a benefit in the Colombian Social Security System, from the application of the Theory of Indirect Discrimination. To meet these objectives, official sources of legal regulations from Colombia and Ibero-American countries were consulted. In this document the most significant results are presented and discussed, for which It has been divided into five chapters: The first and second chapters correspond to the review of the literature and the identification of the theoretical referents, relevant for the understanding of the problem exposed around sick leave from the human rights approach, particularly in relation to the present discriminatory treatment. between the disability generated by the general illness versus that of common origin. It is important to note that, since health, work and social security are interdisciplinary fields, the articulation of the theoretical component became complex; however, the literature review allowed us to identify the fields of study from the legal perspective and allowed us to carry out conceptualizations about sick leave. Additionally, the second chapter explores the main theories associated with human rights, indirect discrimination and epistemological postulates that, together with the background, justify the need to carry out the study. The methodological framework that was used in the research is detailed in the third chapter. In this section, firstly, the methodological design is presented, where the different parts into which all the research was divided are identified, then the primary and secondary sources of information and the methods used for the qualitative analysis of the information. Finally, the applied analysis plan is explained. In the fourth chapter the results of the investigation are presented, which were divided into four parts. In the first, the analysis of the legal evolution of temporary disability in the context of Social Security in Colombia is carried out; followed by the comparative analysis of the figure of sick leave present in several Latin American countries. Thirdly, the analysis of the jurisprudence of the Constitutional Court of Colombia was carried out on the issues associated with sick leave and its unequal treatment, as well as the relationship with fundamental rights and finally theoretical guidelines for treatment are presented. equality of temporary disability from the application of the Theory of Indirect Discrimination. The main limitations of the study were the multiplicity and diversity of legal sources on the matter under study without the possibility, on occasions, of verifying its validity, as is the case of the regulations of other countries. In the multidimensional understanding of the phenomenon analyzed, one of the important aspects from the point of view of insurance is the financial perspective, an issue that was not addressed, because it is a social vision and from the guarantee of fundamental human rights. The conclusions of the study imply new problems that may be the subject of future studies, in particular, around equity and equality in labor and social security benefits.
Alteridad de Derechos Colectivos desde el Concepto de Paz Territorial en el Posacuerdo Colombiano
(Universidad Santo Tomás, 2022-03-29) Hernández Villarreal, Seuxis José; Torregrosa Jiménez, Norhy Esther; Gómez Jaramillo, Alejandro; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000389820; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001377666; https://scholar.google.com/citations?hl=es&user=XjFWadcAAAAJ; https://scholar.google.com/citations?hl=es&user=gskIDR8AAAAJ; https://orcid.org/ 0000-0003-1445-2166; https://orcid.org/ 0000-0003-4095-168X; https://orcid.org/ 0000-0002-8694-0612
This doctoral research analyzed the historical evolution of the primitive foundations of collective rights as part of human rights, to expose from a diagnosis, how the current post-conflict gap in Colombia and the concept of territorial peace contributes from the territories to the material and legal exercise of a re-foundation of these rights, This is called Heterotopic Enlightened Neo-collectivism, which in synthesis explains the philosophical, legal and material conformation of collective rights in Colombia today, using otherness as a tool for the analysis of the phenomenon that unveils these other realities and identities.
La Expansión del Derecho Constitucional a la Luz del Derecho Comercial y Financiero en Colombia
(Universidad Santo Tomás, 2022-01-20) Jiménez Gil, William; Ortega, Juan Francisco; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000966754; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001386798; https://scholar.google.com/citations?hl=es&user=5d4dx7gAAAAJ; https://orcid.org/0009-0000-3331-6667; https://orcid.org/0000-0002-1029-5610
The thesis that occupies us is dedicated to the phenomenon of the constitutionalization of the law, but circumscribed to the legal phenomena of Commercial or Mercantile Law. We understand by "constitutionalization of commercial law" the hermeneutics thanks to which the constitutional principles and values transcend their legal force over traditional institutions of Commercial Law and over the rules that specify and develop them, affecting their determination and scope. This paper asks if Commercial Law is really constitutionalized and seeks to find the "adequate constitutionalization" (ALEXY R. , Three writings on fundamental rights and the theory of principles, 2003), recognizing that the tension between Constitutional Law and Commercial Law, is not flatly satisfied by affirming an over-constitutionalization of the Law, but that the answer cannot be an under-constitutionalization either, but rather, depending on the specific sector of Commercial Law in question, an "adequate constitutionalization" should be attempted, which is not resolves in a fair mean, but that for specific cases it will imply an over-constitutionalization, in others it will opt for an under-constitutionalization and in many others it will propose a medium-type constitutionalization, the problem is precisely to find that "adequate constitutionalization".
Responsabilidad del Estado por Daño Ambiental Generado por Actividades Marítimas (Concesiones de Playas Marítimas y Terrenos de Bajamar) Conforme al Inciso 1 del Artículo 90 de la Constitución Política de Colombia.
(Universidad Santo Tomás, 2017-08-17) Ariza Sánchez, Andrea Carolina; Rodriguez Gutierrez, Andres; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001093215; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001638090; https://scholar.google.com/citations?hl=es&user=p32fGawAAAAJ; https://orcid.org/0000-0002-6424-8596; https://orcid.org/0000-0001-5503-4513
This research was dedicated to answering the following question: What is the content and scope of application of the first paragraph of Article 90 of the Political Constitution of Colombia, in the case of state liability for environmental damage caused by maritime activities related to beach concessions and foreshore lands? To understand this approach, we refer to the first paragraph of Article 90 of the Constitution, which states: 'The State shall be liable for damages that are attributable to it, caused by the action or omission of public authorities."
Fundamentos Teóricos del Control de las Omisiones Legislativas Inconstitucionales
(Universidad Santo Tomás, 2017) González Noriega, Olga Cecilia; Quintero Navas, Gustavo; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000660205
The approach to the object of study of this research requires clarifying some basic propositions or principles on which it is based. Above all, the pillar on which the constitutional legal system is supported is the supremacy of the Constitution; a principle that not only sets the limits for the actions of the organs of the State and citizens, but also entails that the project reflected by the constituents in the norm is mandatory. The normative character that the Constitution holds, from which the concept of constitutional supremacy arises, ensures that the obligations contained within it are fulfilled; one of these is the obligation to effectively develop a constitutional precept through legislation
La Acción de Tutela en Litigios Contractuales Privados: Límites Jurídicos a la Discrecionalidad Judicial en la Aplicación de Derechos Implícitos en Principios Constitucionales
(Universidad Santo Tomás, 2020-12-14) Coral Pabón, Manuel Antonio; Ramírez Arenas, Oduber Alexis; http://scienti.colciencias.gov.co:8081/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001431116; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000500828; https://scholar.google.es/citations?user=9iS33t8AAAAJ&hl=es; https://orcid.org/0000-0002-8364-4770
The thesis addresses the problem related to the legal limits of judges, when when solving contractual disputes processed in protection action, they use explicit and implicit constitutional principles, regardless of current legislated law, a point that can become a source of legal insecurity.
El Derecho Policivo: la Institución y su Lenguaje
(Universidad Santo Tomás, 2020-02-27) Naranjo Alvarez, Jorge Humberto; Gómez Jaramillo, Alejandro; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000037769; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001377666; https://scholar.google.es/citations?user=DL1gNV4AAAAJ&hl=es; https://scholar.google.es/citations?user=gskIDR8AAAAJ&hl=es; https://orcid.org/0000-0002-7630-6626; https://orcid.org/0000-0003-4095-168X
The Police Institution is a relatively new body within the country, it is even an institution that is related to the advent of modernity. His youth as an institution may be one of the reasons that hinder his definition outside the actions that he advances or historically has advanced. Hence, in this document an effort is made to delimit its birth and through an analysis of its own origin, an eminently conceptual definition is sought, which allows to understand what the police is and thus, what actions are specific to the Institution of Police and what not. Once this delimitation is achieved, a clear dividing line between Criminal Law and Police Law is sought, with three initial objectives: i) differentiate two forms of Law that have frequent interactions, but that are openly different; ii) construct conceptual bases that allow distinguishing the guarantee in criminal matters from the guarantee in matters of police law. Allowing the analysis of the guarantee that is made of the police code is not confused -especially by the complexity of the subject and the argumentation- with the analysis of the criminal guarantee. As a consequence of the two previous objectives, establish a general analysis of Police Law through the Guarantee, which yields a fundamental result for the study of Police Law, that is, a maximum of revision of its rules, which, allows to determine if the action used by the agent or the Institution is an adequate action with a guarantee vision, and why not, with the concept of Police. This exercise will allow betting on the type of police law that should prevail in a social and democratic state of law like ours.
Protección de Datos Personales de Niños, Niñas y Adolescentes. En el Marco de la Juridificación y Prevención del Riesgo Digital en Colombia.
(Universidad Santo Tomás, 2020-01-17) Galvis Cano, Lucero; Torres Ávila, Jheison; http://scienti.colciencias.gov.co:8081/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001085409; https://scholar.google.es/citations?user=PhchfQcAAAAJ&hl=es; https://orcid.org/0000-0001-7729-4922
The innovation of the knowledge society, the trends of ICT and digitalization during the twentieth and twenty-first centuries, lead children to access faster different computer systems and high-tech devices that break into Internet networks such as digital scenarios of different applications and tools that make communications a dynamic element of great evolution and information that in turn presents great legal challenges in the face of the inadequate treatment of personal information of individuals, especially minors. Object of the present work is the analysis of the conceptual dilemmas, the normative constructs, the approximation to the models and standards of personal data treatment, the challenges of the regulation in front of the risks of the privacy of the children in Internet and the necessity of adapt the legal system to overcome the technical fragmentation of law with the digital ecosystem, as some studies collected by UNICEF refer to it.
Tierra y Trabajo en la Colombia Rural
(Universidad Santo Tomás, 2020-01-19) Fino Carantón, Claudia Ximena; Torregrosa Jiménez, Norhy Esther; Niño González, Cesar Augusto; http://scienti.colciencias.gov.co:8081/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000389820; http://scienti.colciencias.gov.co:8081/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000011605; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000094376; https://scholar.google.com/citations?user=XjFWadcAAAAJ&hl=es; https://scholar.google.com/citations?user=1pqDxaEAAAAJ&hl=es; https://scienti.minciencias.gov.co/gruplac/jsp/visualiza/visualizagr.jsp?nro=00000000000778; https://orcid.org/0000-0003-1445-2166; https://orcid.org/0000-0002-1417-6643
The issues relating to the concentration of property and the distribution of land have been a constant throughout Latin America; In countries such as Colombia, the structure of ownership over land has been the cause of long debates for more than nine decades, to the point of being considered not only the origin of the current social and armed conflict, but also the strategic element to solve different problems that affect, substantially, the nation’s life. Violence in Colombia has highlighted the breakdown of institutionality and the strengthening, exponentially, of a territorialization of a "paralegal" order, which undermines the social pact, since the combination of fragmented territory and absent State generates an emptiness that tends to be occupied by forces parallel to the State. Contrary to generalized thinking, the Colombian agrarian conflict has not been limited to a simple land distribution, on the contrary, it has had multiple expressions; One of them was the struggle of day laborers who worked in large coffee producing estates, to achieve improvements in their working conditions. However, it should be noted that the current labor market is dualized among workers belonging to a small group, who, thanks to their medium - high qualification, enjoy stable, well paid jobs, and a social security system, advantages that allow them to continue training and aspire to a job promotion, which ends up translating into an improvement in their life quality. On the other hand, there is a large secondary market of unskilled workers, subject to the conditions imposed by labor demand, often belonging to the vulnerable population group. In order to the above, the agrarian structure in Colombia is developed under a clearly capitalist structure that favors, in addition to other situations, precarious forms of labor use, being one of the most important, due to its magnitude and dynamics, the radical wage labor deregulation through a phenomenon of informality that impacts negatively on the quality of life of rural workers and their families, given that they are prevented from achieving vertical social mobilization, understood as the rise of people from one socioeconomic level to another.
El Principio de Congruencia Dentro del Enfoque Adversarial en el Contexto Colombiano.
(Universidad Santo Tomás, 2020-02-12) Solórzano Garavito, Carlos Roberto; Moya Vargas, Manuel Fernando; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000510955; https://scholar.google.com/citations?user=zSRmc98AAAAJ&hl=es; https://orcid.org/0000-0003-4969-9310
Through the constitutional reform of 2002, Colombia welcomed the criminal prosecution model commonly designated by the general theory of the process as "ADVERSATIVE ACUSATORY." As is known, the incorporation of an institution that profoundly modifies the judicial practices conserved until the moment of entry into force implies a process known as individuation. which means that society appropriates the institution, printing some adaptations to its particular way of conceiving criminal law, criminal policy, as well as judicial policy and justice itself. However, this process has limits, informed mainly by the determining aspects of the principality of the institution. that is, the institution is socially adequate, but without investing its fundamental postulates. One of the essential postulates of the adversarial adversarial model is that the judges cannot alter the charges made by the accusers in the exercise of their function. Otherwise, a negative chain reaction is generated against the budgets of the procedural model. among them, the impartiality of the judge, the accusatory principle, the adversarial principle, the right of defense, the legality of the procedural forms is to say due process, the right of contradiction, the non bis in idem and, the interdiction of res judicata. It is commonly known as metalegal congruence principle. whose significance indicates that the tendency of the procedural model depends on its management. in this way, it is innate to the adversarial accusatory model to prohibit judges from practicing faculties iura novit curia, to prevent the aforementioned principal budgets from being reversed. While the models of inquisitorial approach, are characterized to the contrary. that is, that the judges in exercise of constitutional powers iura novit curia, can modify for correction purposes, the charges for which they will issue a judgment of merit. Despite having a constitutional order to practice the accusatory-adversarial lineage model, the supreme court of justice through its jurisprudence, contrary to not only the constitution but also Law 906 of 2004, has been granting powers iura novit curia judges, empowering them to modify the charges specified in the indictment by the attorney general of the nation. This is based on the absence of a “pure” accusatory-adversative model, but one appropriate to the local conditions of the country. The research analyzes the effects of this jurisprudential trend, the solidity of its foundations and the need to reorient this trend, formulating specific mechanisms for reconduction.

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