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Principales retos jurídicos frente al suministro de equipos biomédicos a hospitales públicos por parte de empresas privadas en municipios de primera y segunda categoría del departamento de Boyacá
(Universidad Santo Tomás, 2026-07-06) Gutierrez Montañez, María Valentina; Castiblanco Molano, Sandra Milena; Universidad Santo Tomás; https://orcid.org/0000-0003-3305-1886
The supply of biomedical equipment to public hospitals in first and second category municipalities in the department of Boyacá demonstrates the legal challenges facing the Colombian health system, as the growth of private companies that guarantee the provision of essential supplies reflects two major problems: the insufficiency of state resources and the need for solid regulatory standards that allow the private sector to be balanced in relation to the state's obligation to ensure the fundamental right to health. This article covers, from a legal perspective, the main challenges arising from the contracting and provision of biomedical supplies by private suppliers to hospitals in first and second category municipalities in Boyacá. In addition to tensions related to contractual transparency, compliance with health standards, financial sustainability, and shared responsibility in service delivery. All of this is based on findings that show that private participation has been essential to maintaining hospital capacity and operations. However, regulatory gaps still exist in control mechanisms, compromising efficiency and jeopardizing the quality of care. Therefore, the analysis highlights the importance of strengthening state oversight and the urgency of promoting a legal framework that reduces excessive dependence on external providers in terms of service continuity and protection of patients' rights. In this way, the article seeks to strike a balance between private intervention by companies and state responsibility, with a view to strengthening an efficient, transparent public hospital system that respects human dignity. keywords: Right to health, biomedical supplies, human dignity, private providers, state, hospital operations.
El Proceso Monitorio En Colombia: Desarrollo Juridico, Analisis Comparado, Y El Impacto Procedimental Frente A Las Tecnologias Emergentes
(Universidad Santo Tomás, 2026-06-25) Vargas Suarez, Laura Daniela; Ballesteros Nore, Maria Alejandra; Valderrama Velandia, Jose Eduardo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001265148; https://scholar.google.com/citations?hl=es&user=3s7faOsAAAAJ; https://orcid.org/0000-0001-6429-8019
In Colombia, with the entry into force of Law 1564 of 2012, known as the “General Code of Procedure” (CGP), an innovative process was introduced at that time for the national territory. This new approach sought to provide an opportunity for those who had established a business or contract and, for various reasons, faced difficulties in complying with or executing it, especially in the case of loans or commercial transactions that required the collection of obligations without enforceable guarantees, such as invoices, settlement agreements, or other documents considered valuable assets or enforceable. The payment order procedure has been developing for more than 10 years in Colombian litigation. In this context, it is pertinent to describe the legislative form adopted for the national procedure since the entry into force of the General Code of Procedure, in comparison with international legislation that has been implementing it for decades, analyzing its regulatory and jurisprudential components. Therefore, four fundamental points are addressed in this paper. First, a historical description of the background of the monitoring process is provided, giving a brief account of its origins, followed by an indication of its procedural application in the Spanish and Colombian legal systems to visualize the purpose of this process. Next, a jurisprudential analysis of the implementation and substantive and procedural evolution of the monitoring process is carried out, comparing the experiences of Colombia and Spain as a way of guaranteeing access to justice and effective judicial protection. Finally, an analysis is made of disruptive media and digital transformation in Colombian legislation, emphasizing the implementation of technologies through Decree 806 of 2020 and Law 2213 of 2022.
Análisis del Concepto del Principio In Dubio Pro Trabajador en el Derecho Laboral Colombiano
(Universidad Santo Tomás, 2026-06-01) Siabato Avella, Deisy Gabriela; Torres Tellez, Andrés Alejandro; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001475382
This paper legally analyzes the application of the principle of in dubio pro trabajador (when in doubt, rule in favor of the worker) in Colombian labor law and evaluates its impact on small and medium-sized enterprises (SMEs). To this end, it examines the principle's evolution, doctrinal foundation, and normative development from legal, constitutional, and jurisprudential perspectives. This research demonstrates that this principle constitutes an essential guarantee of the labor system in the face of interpretive doubts, which must be resolved in favor of the worker. Likewise, the concept of SMEs in Colombia will be examined, along with their importance in the country's economic development. From a critical perspective, the paper analyzes how the application of this principle can generate economic risks when the burdens arising from labor litigation exceed the employer's fi nancial capacity. Therefore, the paper argues for the need to harmonize the eff ective protection of labor rights with the economic sustainability of SMEs, thereby preserving both business stability and worker dignity.
Naturaleza jurídica de la denominada Tasa para la Seguridad Ciudadana prevista en el artículo 12 de la Ley 2272 de 2022: Análisis constitucional, jurisprudencial y tributario
(Universidad Santo Tomás, 2026-06-09) Hernández Gamboa, Jhon Alexander; Romero Molina, Cesar Augusto; Universidad Santo Tomas
This study examines the legal nature of the “security citizen tax” established in Article 12 of Law 2272 of 2022, with the aim of determining its correspondence with the doctrinal category of a fee or its potential classification as a tax. To this end, a qualitative legal-analytical approach is adopted, based on the systematic review of legal provisions, specialized doctrine, and relevant constitutional case law in tax matters. The development of the study focuses on the conceptual delimitation of tax figures, particularly the distinction between fees and taxes, considering structural elements such as the taxable event, the taxpayer, the tax base, and the principle of reciprocity or commutativity. It also examines the constitutional limits derived from the principle of tax legality and the distribution of powers between the legislature and territorial entities. The findings reveal that the levy presents a broad and indeterminate configuration of the taxpayer, including public utility service subscribers and property owners, without a direct, specific, and individualized relationship with the effective provision of a public security service. This circumstance undermines the compensatory nature inherent to fees. The discussion suggests that the absence of commutativity and the general scope of the levy bring it closer to the structure of a tax, generating tensions with the principles of legality, certainty, and tax equity. Consequently, it is concluded that the normative designation of “fee” does not fully correspond to its material configuration, raising questions regarding its constitutional validity and highlighting the need for greater legislative precision in its structuring.
Avances y Retrocesos del Nuevo Código Procesal del Trabajo y la Seguridad Social
(Universidad Santo Tomás, 2026-05-14) Roa Díaz, Hugo Alberto; Torres Tellez, Andrés Alejandro; Universidad Santo Tomás
Law 2452 of 2025 turned out to be a novel inclusion by the legislator within the procedural labor regime. However, it is only natural to question: How are the changes and implications of Law 2452 of 2025 reflected in comparison to Decree Law 2158 of 1948 regarding the development of the labor process? Within this context, the purpose of this dissertation is to contrast the provisions contained in Decree 2158 of 1948 and Law 2452 of 2025 in order to identify and understand the normative changes introduced into the procedural labor regime and their implications in judicial proceedings. Based on the foregoing, the main provisions and characteristics of Decree 2158 of 1948 and Law 2452 of 2025 concerning procedural matters will be identified; subsequently, the main changes introduced by Law 2452 of 2025 will be examined to understand their scope and impact on the procedural regime; and finally, the potential benefits and/or challenges arising from the enactment of Law 2452 of 2025 will be determined. To achieve these objectives, this research adopts an exploratory and descriptive methodological approach.
El Lenguaje jurídico penal como derecho fundamental, en resguardos indígenas a través de la etnoeducación
(Universidad Santo Tomás, 2026-05-13) Navarro García, Alejandra Margarita; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001793848
The purpose of this paper is to examine the importance of criminal legal language as a fundamental right within the indigenous reservations of the Nation through ethnoeducation, as well as to expose the deficient level of its implementation and address the issue of determining whether clear language constitutes a fundamental right. The answer is yes, since clear communication and the ability to understand one another are essential requirements for any form of activity or interaction, not only in law, but in all forms of daily communication. Therefore, considering the above, how could principles such as legality be guaranteed? How could legal certainty be developed? Based on these questions, we will also address the most concerning issue presented here: what are the effects and problems arising from unclear language? One possible answer to this situation is reflected in the fact that, although law is a dialogical discipline grounded in language, these principles are not respected. For a dialogical discipline to function, the minimum requirement is to agree on the terms and words that will be implemented. However, in Colombia, this has not been achieved. Consequently, among the existing problems, there are multiple meanings attributed to a single word within criminal offenses, which becomes controversial among legislators, lawyers, and the judicial system.
Garantías efectivas: una solución de software para consumidores y proveedores
(Universidad Santo Tomás) Chitiva Alfaro, Laura Sofia; Pardo Robayo, Gustavo Adolfo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000081408; https://scholar.google.es/citations?hl=es&user=1oGsEtcAAAAJ&view_op=list_works&gmla=AMpAcmREMD5nP3OimDoemfHSVF_tvItq7JmRUXyZMCab81zjfUMK8Ds-zeMVWLvcl1LHeD6xfhBgYg; https://orcid.org/0000-0002-5707-9560
This work aims to provide a simple yet comprehensive explanation of how warranty management for products and services operates in Colombia under Law 1480 of 2011, known as the Consumer Protection Statute. Its main objective is to ensure that both consumers and suppliers clearly understand the steps to follow when facing issues with purchased goods or services, thereby promoting fairer and more responsible relationships (SIC, 2011). To achieve this, a flowchart is presented outlining the process a consumer must follow from identifying a problem to its final resolution. This visual map helps clarify that everything begins when the consumer submits a formal notification to the company, describing the damage in detail and providing evidence so that the claim is considered valid and effective. It is important to highlight that the law establishes a time period within which a claim must be filed, known as the warranty validity period. If the claim is submitted after this timeframe, it is no longer possible to demand repair, replacement, or a refund, reinforcing the importance of acting promptly. The regulation clearly details these stages to ensure effective consumer protection (Law 1480, arts. 7–18). Once the claim is received, the company evaluates whether the damage corresponds to causes that imply legal responsibility. This includes analyzing whether the damage resulted from product defects, failure to meet quality standards, or if there are grounds for exemption, such as exclusive responsibility of the consumer, force majeure, or unforeseen events, which would exempt the supplier from liability (Cifuentes, n.d.). The process continues with repair, replacement, or refund, always respecting consumer rights and ensuring that decisions are fair and based on transparent evidence. The law seeks to make these procedures fast and efficient, avoiding delays or unnecessary costs for the user while promoting trust in the market (Congress of the Republic, 2011). In this context, institutions such as the Superintendence of Industry and Commerce play a fundamental role. This entity establishes guidelines and oversees compliance, ensuring that companies fulfill their consumer protection obligations, and imposes sanctions on those who fail to comply with current regulations. This guarantees that consumer rights are not left unprotected and that an effective control framework exists (SIC, 2011). From a constitutional perspective, Article 78 of the Political Constitution of Colombia reaffirms consumers’ right to effective protection against defective or dangerous products. This legal provision supports the need for companies to act with social and ethical responsibility in their commercial relationships, ensuring fair conditions for all parties (National Constituent Assembly, 1991). Additionally, one of the key contributions of this work is the proposal to use technologies, such as warranty management software, to automate and simplify the entire process. Through these systems, consumers can register claims digitally, while companies gain efficient tools to evaluate, manage, and resolve cases more quickly, strengthening trust and transparency. Consumer education and awareness also play an important role. Often, a lack of knowledge about their rights prevents individuals from making valid claims, and providing clear and accessible information can change this reality. Education in consumer rights, combined with the use of digital platforms, helps create a market with greater protection and fairness for everyone. Finally, this work concludes that a well-structured process supported by modern technologies strengthens commercial relationships, reduces conflicts, and promotes a culture of compliance and mutual respect. Proper warranty management is not only a legal requirement but also a key element in building a more ethical, fair, and trustworthy market, aligned with constitutional and regulatory principles that protect consumers (Constitutional Court, 2000). In summary, both current regulations, technological innovations, and adequate social education contribute to creating a culture of effective protection. The commitment of all market participants—consumers, suppliers, and authorities—is essential for the warranty system to function properly and ensure rights and responsibilities are upheld in an equitable and transparent manner (SIC, 2023).
Análisis de las Comunidades Rurales Campesinas como Víctimas Consecuenciales del Conflicto Armado en Colombia
(Universidad Santo Tomás, 2026-03-26) Valenzuela Castelblanco, Camilo José; Avellaneda, Sandra Liliana; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001433762; https://scholar.google.es/citations?hl=es&user=HZ6vvZgAAAAJ&view_op=list_works&gmla=AJsN-F65drnJYGLHBv2CsViLRB8iSvSxh7zWHD3zoAwRAaVZa4
This monograph analyzes the impact of the armed conflict on rural peasant communities in Colombia, highlighting their condition as historically invisible victims. It identifies the main causes of the conflict, such as territorial control by illegal armed groups, illicit economies, the use of landmines, and violence against social leaders. These factors have led to forced displacement, land dispossession, poor access to health and education, food insecurity, and social fragmentation that deepens rural exclusion. Drug trafficking, as a central driver of the conflict, has forced peasants into dependent economic activities, while also exposing them to stigma, criminalization, and targeted violence. This has weakened their autonomy and increased their vulnerability. Despite these challenges, rural communities have developed processes of resistance and resilience through solidarity-based economic networks and the defense of their territories. From a legal perspective, the Constitutional Court has moved from a humanitarian approach to recognizing peasants as political subjects with special constitutional protection, including rights to land, participation, and full reparation. The study concludes that transforming the reality of rural communities requires effective public policies, a strong and consistent state presence, and comprehensive rural development as key foundations for social justice and lasting peace.
La participación política de las víctimas del conflicto armado en colombia en el contexto del posacuerdo
(Universidad Santo Tomás, 2026-04-17) Amaris Huerfano, Saimon; Forero Forero, Camilo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001647435; https://orcid.org/0000-0003-0753-7436
The following text will analyze everything related to the political participation of the victims of the armed conflict in Colombia, starting from the time of the signing of the peace agreement in 2016 with the Revolutionary Armed Forces of Colombia (FARC). This article will start from the definition of "victim" given by Law 1448 of 2011, where victims are defined as "[...] those persons who individually or collectively have suffered harm due to events that occurred after January 1, 1985, as a result of breaches of International Humanitarian Law or serious and gross violations of international human rights law, occurred on the occasion of the internal armed conflict". In preparing this paper, a qualitative methodology was employed, based on the analysis of both academic and legal documents and texts related to the topic of victim participation and the implementation of public policies based on the peace agreements signed in 2016 with the FARC-EP, as well as on the development of related regulations, with special emphasis on Legislative Act No. 2 of 2021 and the Victims and Land Restitution Act.
Realidad Jurídica del Comercio Electrónico en Colombia y su Evolución
(Universidad Santo Tomás, 2026-04-17) López Aranguren, Esteban Andrés; Universidad Santo Tomás
The purpose of this research article is to define the concept of e-commerce, its legal nature, and its evolutionary trajectory. It aims to evaluate, through a descriptive qualitative methodology, the advantages of this form of commerce for producers and consumers. It also analyzes how this form of commerce in Colombia has experienced significant growth in recent times, particularly with the onset of the COVID-19 pandemic. The study addresses in detail the regulatory framework governing e-commerce and aims to demonstrate that Colombia has a regulatory framework that enables the development and promotion of e-commerce, based on Law 527 of 1999 and other laws: Law 1266 of 2008 and Law 1581 of 2012, provisions that address the protection of personal data and have encouraged consumer use by building trust in this form of commerce. Finally, the study evaluates the socioeconomic impact of this form of commerce, demonstrating that Colombia possesses all the necessary tools and safeguards for the development of ecommerce.
Justicia restaurativa en Colombia como sistema pionero en procesos de paz de conflicto armado interno
(Universidad Santo Tomás, 2026-04-14) Rondon Cubides, Santiago; Universidad Santo Tomás
This paper addresses the implementation of the restorative justice principle within the Special Jurisdiction for Peace (JEP) of Colombia. The central issue lies in balancing the legal mandates of transitional justice—truth, justice, reparation, and non-repetition—with a restorative approach that prioritizes "repairing the harm caused to victims, reintegrating those responsible, and building peace from the communities, overcoming the purely punitive paradigm" (Uprimny Yepes, 2017, p. 3). The challenge is to apply these principles in a context of a complex and prolonged armed conflict, marked by a great diversity of victims and perpetrators, and deep social fractures.
La punibilidad como categoría autónoma del delito en Colombia
(Universidad Santo Tomás, 2026-04-07) Riaño Peroza, James Alexander; Universidad Santo Tomás
This study examines the advisability of recognizing punishability as an autonomous category within Colombian criminal law theory, located between culpability and the determination of the quantum of the penalty. Current judicial practice shows an almost automatic shift from a finding of responsibility to sentencing. That automatism prevents verification of whether punishment is truly necessary and has led to unnecessary sanctions and stereotyped reasoning. The central proposal is to structure a punishability review as an axiological filter that, once passed, determines the minimum sufficient intensity, consistent with proportionality, dignity, equality, and the ultima ratio character of the ius puniendi. The specific objectives are to integrate currently scattered elements, set a constitutionally required standard of reasoning, and design verifiable guidelines for judicial control. The study adopts a qualitative approach grounded indoctrine and in constitutional and criminal jurisprudence. Its main finding is a double-threshold model, implemented within an autonomous punishability stage and guided by the NUEO Test, built on the criteria of necessity, utility, equity, and opportunity. The model integrates objective conditions of punishability, grounds excluding criminal responsibility (justification and excuse), grounds for extinction of criminal action, the principle of opportunity, natural penalty, and full reparation. At this stage the decision is made on whether punishment is warranted and, if so, on the minimum sufficient intensity. Its implementation would reduce decisional dispersion, avoid superfluous sanctions, prioritize effective alternatives, and help mitigate the prison crisis, while strengthening the legitimacy of the criminal justice system.
El feminicidio como fenómeno jurídico-penal: Respuesta institucional del distrito de Medellín según el plan nacional de política criminal 2021-2025
(Universidad Santo Tomás, 2026-04-07) Afanador Sequeda, Stephanie; Ortega Salazar, Wendy Licedt; Ramirez Lemus, Jhaslen Ricardo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000007987; https://scholar.google.com/citations?user=e-SOqccAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4210-3107
This study examines the implementation of the National Criminal Policy Plan, specifically Priority 3.2.3, in the District of Medellín, aimed at preventing, making visible, and prosecuting genderbased violence and femicide. Through a qualitative socio-legal monograph, the research analyzes the actions undertaken by the District to mitigate this phenomenon. Although strategies have been designed within the framework of the National Criminal Policy Plan, femicide rates remain stable, suggesting that these measures have not achieved a significant reduction. The study identifies progress in the formulation of public policies; however, it also reveals limitations in their implementation. Consequently, the research contributes to the reflection on the effectiveness of institutional responses to gender-based violence.
Seguridad, Derecho Operacional y Paz: un Estudio Comparativo entre Colombia y Costa Rica
(Universidad Santo Tomás, 2026-03-18) Velandia Rincón, Ángela Lorena; Ibáñez Garzón, Yennifer Catalina; López Peña, Edmer Leandro; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001426035; https://scholar.google.com/citations?user=lJl_GzoAAAAJ&hl=es; https://orcid.org/0000-0001-7882-4163
This article comparatively analyzes the development and application of operational law in Colombia and Costa Rica, highlighting its relevance for strengthening the legitimacy and effectiveness of military action in democratic contexts. Through a normative, doctrinal, and institutional review, it demonstrates how both nations have embraced the challenge of harmonizing national defense with respect for human rights and International Humanitarian Law. The study presents the progress achieved by Colombia in systematizing this legal field and contrasts it with its incipient development in Costa Rica, a country without a permanent armed forces. Finally, it concludes that operational law is an indispensable instrument for consolidating the constitutional mission of the Armed Forces in times of peace and conflict, promoting legitimate, effective, and controlled action, in accordance with national and international legal frameworks.
Análisis comparativo de tendencias y desafíos en la implementación de medidas alternativas y rehabilitación en los sistemas de justicia penal de Colombia y El Salvador.
(Universidad Santo Tomás, 2026-03-18) Bazan Castro, Leisy; Cortes Borrero, Rodrigo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001585622; https://scholar.google.es/citations?user=r3mwh2aaaaaj&hl=es; https://orcid.org/0000-0002-9122-5648
This comparative study focuses on analyzing in depth the strategies and practices implemented in the criminal justice systems of Colombia and El Salvador in relation to alternative measures to incarceration and rehabilitation programs. Firstly, the effectiveness of alternative measures to imprisonment in both countries is investigated, evaluating their capacity to reduce criminal recidivism. The types of alternative measures used are examined, how they are applied by the judicial system, and the impact of these measures on the rehabilitation and reintegration of offenders into society is considered. In addition, a detailed analysis of the rehabilitation programs available in Colombia and El Salvador is carried out. These programs are evaluated in terms of their scope, accessibility, quality and results obtained in the social reintegration of individuals who have committed crimes. It investigates how these programs address the specific needs of offenders, including education, job training, psychological care and social support. The study also focuses on identifying the challenges and barriers that criminal justice systems face in the effective implementation of these measures and programs. Factors such as institutional capacity, available financial and human resources, as well as cultural and social barriers that may influence the effectiveness of rehabilitation policies and alternative measures are considered. Finally, specific recommendations are proposed aimed at strengthening the legal and institutional framework that supports these initiatives in both countries. These recommendations seek to improve the implementation of alternative measures and rehabilitation programs, optimizing their impact on reducing criminal recidivism and promoting a more effective and humane criminal justice in Colombia and El Salvador.
Seguridad, Derecho Operacional y Paz: Un Estudio Comparativo entre Colombia y Costa Rica
(Universidad Santo Tomás, 2026-03-18) Ibáñez Garzón, Yennifer Catalina; Velandia Rincón, Ángela Lorena; Lopez Peña, Edmer Leandro; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001426035; https://scholar.google.com/citations?user=lJl_GzoAAAAJ&hl=es; https://orcid.org/0000-0001-7882-4163
This article comparatively analyzes the development and application of operational law in Colombia and Costa Rica, highlighting its relevance for strengthening the legitimacy and effectiveness of military action in democratic contexts. Through a normative, doctrinal, and institutional review, it demonstrates how both nations have embraced the challenge of harmonizing national defense with respect for human rights and International Humanitarian Law. The study presents the progress achieved by Colombia in systematizing this legal field and contrasts it with its incipient development in Costa Rica, a country without a permanent armed forces. Finally, it concludes that operational law is an indispensable instrument for consolidating the constitutional mission of the Armed Forces in times of peace and conflict, promoting legitimate, effective, and controlled action, in accordance with national and international legal frameworks.
Resocialización en los centros de atención especializada: factores a mejorar para evitar la reincidencia.
(Universidad Santo Tomás, 2026-03-03) Soriano Obando, Karina Alejandra; Gutierrez Rua, Malory Alejandra; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001688493; https://scholar.google.es/citations?user=Ml1zid0AAAAJ&hl=es
This research analyzes the results of the punitive behavior of adolescents who are part of the juvenile responsibility system, to examine the role of the adolescent in resocialization. This is shaped by restorative justice, which looks to guarantee the reparation of the damage caused, the responsibility of the adolescent and his or her subjective education. The scheme of social reintegration is broken as an obligation of the State, which is intended to be in conjunction with procedural guarantees, to allow the development of factors that keep the adolescent away from recidivism. Analyzing in a proper way, the operation of specialized care centers in Colombia and its impact turning it into a vicious cycle that points to the influence of the young person and the principles of criminal law for adolescents. The aim of the research, as implementing strategies guided to the resocialization of the adolescent, with the institutional support of specialized care centers can reduce recidivism rates in favor of the protection of fundamental rights.
Inteligencia artificial, amenaza o innovación para la industria musical y sus repercusiones en los derechos de autor.
(Universidad Santo Tomás, 2026-03-05) Grizales Moreno, Jhon
This research will develop in its first chapter the artificial intelligence, its concept, its classification, its scope, its regulation; in the second chapter it will introduce the subject of copyright, which are, what are, their classes, its regulation, its legislative and jurisprudential progress, and who has the right to royalties, that is, the monetary production directed to the holders, in the third chapter we are going to explain the relationship between artificial intelligence and the music industry, the process of creating a song, how profits are earned, what platforms are used to monetize it, as well as analyzing the case of artists who have had conflicts with artificial intelligence, such as The Weeknd and Drake, as this chapter will be carried out from the perspective of artificial intelligence as an artistic inspiration and an artist developed with artificial intelligence, finally the conclusions will express that while it is something that should have a regulation to avoid uncertainty in cases of controversy, it has the capacity for change in the music industry, in the way music is produced and as we know music today.
Populismo criminal del control social en conexión de las nuevas tecnologías en compañía de la justicia penal colombiana en protección de los derechos fundamentales
(Universidad Santo Tomás, 2026-01-22) Duque Ospina, Eyner Andres; Morales Bernal, Daniel Ricardo; Riveros Cruz, Julian Leonardo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000141243; https://scholar.google.com/citations?hl=es&authuser=1&user=_zUBfAcAAAAJ; https://orcid.org/0000-0002-4890-7539
Initially, the issues to be studied are significant impacts from a positive aspect not leaving aside the negative part seeking the protection of fundamental rights. Within the Colombian criminal law there is a discrepancy in front of the pressure to respond to the atrocious criminal policy of those conducts, which arise continuously against human dignity and other legal goods that are part of the fundamental in our political charter. Faced with this scenario, the legislator has repeatedly chosen to expand the range of crimes or increase the pre-existing penalties. However, it does not mean that the action of the legislator is being seen in the best way because as a result of those actions, phenomena such as criminal populism has been unleashed, together with an irrational expansion of the punitive system, which hinders the effectiveness and legitimacy of the penal system. Populism is presented as a strategy to terrorize the perpetrator of the crime in order to satisfy the demands of society that arise daily, leaving aside the limitations of the state apparatus. Taking into account, the normative inflation that arises due to the social demands that increase criminal figures that do not have the necessary resources to guarantee the effective application. On the other hand, the rise of penal reform is partly a response to the pressure of the majority of society to demand protection against various threats: public safety, protection of patrimony, protection of environmental rights and protection of vulnerable groups such as Afros, indigenous people, children and others.
Disposiciones de la Ley 2010 del 2019 acerca del impuesto sobre la renta en Colombia bajo la perspectiva jurisprudencial de la Corte Constitucional (2020-2024)
(Universidad Santo Tomás, 2026-02-20) Camargo Blanco, Nicolás Andrés; Arenas Dueñas, María Paula; Gomez Lopez, Camilo Enrique; Universidad Santo Tomás
This research analyzes the provisions introduced by Law 2010 of 2019 regarding income tax in Colombia, a regulation enacted as a legislative response to the declaration of unconstitutionality of Law 1943 of 2018. This context has intensified the normative instability of the Colombian tax system and has raised concerns regarding legal certainty and the legitimate expectations of taxpayers. The main objective of the study is to examine the changes, modifications, and additions introduced by Law 2010 of 2019 to the income tax applicable to both natural and legal persons, as well as the most relevant constitutional interpretations issued by the Colombian Constitutional Court during the period 2020–2024, and their relationship with tax legal certainty. To achieve this purpose, a qualitative methodological approach was adopted, using the dogmatic-legal method, supported by normative and jurisprudential analysis, and employing documentary review of tax regulations, Constitutional Court rulings, and specialized legal doctrine. The results reveal that Law 2010 of 2019 introduced measures aimed at strengthening tax collection, promoting investment, and restructuring the income tax system, most of which were upheld by the Constitutional Court through rulings such as C-061 of 2021, C-161 of 2021, C-384 of 2022, C-305 of 2022, and C-186 of 2024. However, the analysis shows that although these decisions validate the legislator’s authority to adopt fiscal policies aligned with economic and social circumstances, they also contribute to a persistent pattern of recurring tax reforms, which negatively affects regulatory stability, predictability of the tax system, and legal certainty, posing significant challenges for the consolidation of a coherent and long-term tax system in Colombia.

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