Doctorado Derecho
URI permanente para esta colecciónhttp://hdl.handle.net/11634/131
Examinar
Envíos recientes
Ítem 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=7Y6nNCYAAAAJQuestioning 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.Ítem Aplicabilidad de la Autoría Mediata por Dominio de la Voluntad, Mediante Aparatos Organizados de Poder, en Violencia Sexual, en el Marco del Conflicto Armado Colombiano, Como Crimen de Guerra y/o Lesa Humanidad(Universidad Santo Tomás, 2024-06) Vieda Silva, Emiro; Gómez Jaramillo, Alejandro; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001377666; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002175860; https://scholar.google.com/citations?user=gskIDR8AAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4095-168XThis doctoral thesis entitled “Applicability of Command Responsibility by Means of Control of the Will through Organized Power, in Sexual Offenses, within the framework of the Colombian Armed Conflict, as War Crimes and / or Crimes against Humanity” is a document that pretends to be applicable to the post-conflict having to do with the current negotiations that have been presented between insurgent armed groups and the national government. The document starts out with an analysis of the Colombian armed conflict recapitulating the origin of the guerrillas and groups outside the law up to the present time. Also, the conflict is related with the instruments that eradicate violence against women and conception in the Bible is examined, as well as an explanation of the concepts of feminism and the crime of femicide, its conception and history in the classification of reprehensible and punishable conduct in Colombia. In addition, it delves deeply into macro criminality, its concept, and its impact on the configuration of organized power with an analysis of the AUC as an example of this type. It continues by addressing the issues of authorship and participation, in which the various streams are treated. The core of the problem, in the commission of a crime, is to measure the importance of the contribution and the judgment of reproach of each of the intervening parties involved, and culminates with the in-depth study, of the figure of the perpetrator and delves into the organized apparatus of power. Finally, we address and examine the issue of sexual crimes, in which the issue legally touched upon is to learn about the concepts of Honesty, Sexual Morality, Sexual Freedom and Indemnity or sexual integrity, to arrive finally, at the study of crimes against sexual freedom as established in the Penal Code and where the focus of this study is resumed, i.e. the analysis of crime in 3 the case of a protected person - sexual violence within the context of an armed conflict not of an international character - its relationship with both legislative elements, such as national and international concepts and the implementation of the subject in the country's reality, in a post conflict situation. Lastly, the spirit of Law 1719 of 2014 is scrutinized, with regard to the motives, history and debates criminalizing sexual conduct committed in the context of the conflict not of an international character, in which different forms of criminality are defined and compared with international decisions and their implementation is projected in Colombia. Keywords: Conspiracy in crime, responsibility and participation; unitary conception of the author, concept broad concept of author; restrictive concept of author; author, accomplice, co-author; inductor; fact domain theory; domain of action, will and functional; joint criminal enterprise; command responsibility, feminism; gender; sexual offenses; crimes against humanity, war crimes; macro crime; sexual violence; man at the rear; interchangeability; sex offenses, armed conflict.Ítem 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/0000-0002-5219-149XThe 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.Ítem 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/0000-0002-0086-0065The 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 constitutionalityÍtem 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/0000-0002-3217-0800The 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.Ítem 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/ 0000-0002-8694-0612This 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.Ítem 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/0000-0002-1029-5610The 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".Ítem 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/0000-0001-5503-4513This 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."Ítem 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=0000660205The 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 legislationÍtem 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/0000-0002-8364-4770The 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.Ítem 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/0000-0003-4095-168XThe 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.Ítem 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/0000-0001-7729-4922The 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.Ítem 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/0000-0002-1417-6643The 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.Ítem 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/0000-0003-4969-9310Through 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.Ítem De la Autoridad a la Responsabilidad Parental en la Familia Contemporánea Colombiana(Universidad Santo Tomás, 2019-11-03) Zabala Ospina, Lilia; Gómez Jaramillo, Alejandro; https://scienti.colciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001377666; https://scholar.google.es/citations?user=gskIDR8AAAAJ&hl=es; https://scienti.colciencias.gov.co/gruplac/jsp/Medicion/graficas/verPerfiles.jsp?id_convocatoria=19&nroIdGrupo=00000000002713; https://orcid.org/0000-0003-4095-168XThis research paper holistically analyzes the relations between parental authority (patria potestad in Colombia) and parental responsibility in the contemporary Colombian family. The hermeneutic method was used with a qualitative approach to interpret the theoretical and empirical data on the subject. Based on family law, the general objective was to determine the new paradigms of parental authority in the contemporary family recognized in the legal system on the 1991 Constitution, from the perspective of parental responsibility. First, the correspondence between parental authority and parental responsibility was identified with the approach of the new family law, modified by other legislations and Colombian constitutional law. Second, a reflection was made on the norms and principles consigned in the political constitution, the Colombian jurisprudence and the Civil Code of the two institutions under study. Third, the legal scope of parental authority in the practice of family law was determined, according to parental responsibility in contemporary relationships. The investigation started from the hypothesis that parental authority is too small to regulate contemporary paternal-filial relationships. It was concluded that parental authority, on its literacy, does not have an effective scope for the protection of children and adolescents’ rights. This has generated tensions in legal institutions that resist new forms of family and a contradiction of constitutional principles. There arose, then, the need to propose a new interpretative model that harmonizes with the new constitutional principles on paternal-filial relationships. The suggested change includes patrimonial and personal rights/obligations for the parents or caregivers of minors. That is, an incorporation of parental responsibility in parental authority. In the practice of law, the research results can settle the difficulty of determining the extent of the deprivation of parental authority and the exercise of some parental rights, such as custody, visitation, and the upbringing of children.Ítem El Documento Electrónico de Transporte Marítimo. Una Aproximación Desde la Legislación Colombiana(Universidad Santo Tomás, 2019) Granados Becerra, Juan Carlos; Torres Torres, Ana Yasmín; https://scienti.colciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001347569Historically, maritime activity has been considered of great importance for the development of nations, and perhaps this is why it has been regulated since time immemorial. From the Lex Rhodia of Actu, to the Consulate of the Sea, and the Wisby Marine Code, much of the regulation concerning international trade has been dedicated to the regulation of maritime transport (Rodríguez Fernández, 2009, p. 458). Worldwide, countries have been concerned with regulating maritime trade, as this industry has seen strong growth. In Colombia, at the beginning of the 1990s, the process of economic liberalization began, which completely transformed the import and export indices that had been recorded in the country for several decadesÍtem Descolonización Jurídica de la Protección del Saber Ancestral de las Comunidades Indígenas de la Amazonía. Régimen de Protección Cultural del Saber Ancestral de las Comunidades Indígenas de la Amazonía(Universidad Santo Tomás, 2019-07-25) Rosso Bautista, Luis Guillermo; Moya Vargas, Manuel Fernando; https://scienti.colciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000510955; https://scholar.google.com/citations?user=zSRmc98AAAAJ&hl=es; https://orcid.org/0000-0003-4969-9310This work addresses the issue of ancestral knowledge of the indigenous people of the Amazon. This materializes mainly in the traditional medicine that the communities know as "elementales," and constitutes the center of spiritual, emotional, and physical development for these people, who usually use them or consume them as a means of healing. This traditional knowledge has some fundamental features that distinguish it from modern knowledge, hence the central research question is: What would be the ideal legal mechanism to protect traditional knowledge in the face of its social and cultural conditions of production?. The general objective of the research then focused on formulating a decolonial approach of recognition and respect for this Ancestral Knowledge, that whatever legitimate and politically effective from pluralism and interculturality, and, that above all, exceeds the current economic legal model of intellectual property. Therefore, this objective delineates a scheme of cultural relevance that develops from interculturality and decoloniality, and establishes the basic elements of this form of protection that people require to preserve their ancestral knowledge. The last chapter defines the design and development of the AJC cultural legal self-protection model, which corresponds to the central approach of this Ph. D. thesisÍtem El Error Jurisdiccional en Colombia y sus Desarrollos Jurisprudenciales de 1996 a 2015: una Mirada Desde la Problemática Económica Actual(Universidad Santo Tomás, 2019-03-14) Ladino Orjuela, Janeth; Güechá Medina, Ciro Nolberto; http://scienti.colciencias.gov.co:8081/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000750271; https://scholar.google.com/citations?user=UgjP1RcAAAAJ&hl=es; https://orcid.org/0000-0003-1462-4853Bearing in mind the serious economic detriment of the Colombian State, for paying unlawful damages for orders contrary to the law, motivated by investigating judgments with jurisdictional error, with the aim of knowing the causes of errors committed by judges in judgments qualified of jurisdictional error; knowing the causes of the problem, proposals are proposed that if they can not solve the problem, reduce it. Therefore, consultation was made on the evolution of the responsibility of the State and its agents for jurisdictional errors and analysis of jurisprudence from 1996 to 2015 was made, taking into account the economic impact on that date. When knowing the evolution of the responsibility and the causes of the jurisdictional errors, it looks for to moderate the damages that are caused to the State, for the jurisdictional errors since this subject has not deserved a detailed consideration.Ítem La Fundamentalidad del Derecho a la Salud en Colombia y su Desarrollo(Universidad Santo Tomás, 2018) Granados Ferreira, Jackeline; Torres Avila, Jheison; http://scienti.colciencias.gov.co:8081/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001085409; https://orcid.org/0000-0001-7729-4922Given the evident indeterminacy of the nature of the right to health before the promulgation of Law 1751 of 2015, the focus of this research work was on documenting it, starting from its inclusion in the Social State of Law, determining its scope as a fundamental social right. Likewise, the effort focused on analyzing the iusfundamental nature of the right in light of its historical, theoretical, and jurisprudential evolution, in order to determine its scope, obligations, limits, coverage, while characterizing the system that materializes it, and the legal and procedural institutions created to invoke compensation in case of its violation. Additionally, this work proposes the development of a public health policy based on the principle of shared responsibilityÍtem Soluciones a las Problemáticas que Presenta la Extensión de la Jurisprudencia Como Mecanismo Instituido para Viabilizar la “Constitucionalización del Derecho Administrativo” y Contribuir a la Descongestión Judicial(Universidad Santo Tomás, 2018) Munar Castellanos, Lucelly Rocío de las Mercedes; Güechá Medina, Ciro Nolberto; Torregrosa Jiménez, Norhy Esther; 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=0000750271; https://scholar.google.es/citations?user=XopUgPYAAAAJ&hl=es; https://scholar.google.com/citations?user=UgjP1RcAAAAJ&hl=es; https://orcid.org/0000-0003-1462-4853