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Los Aspectos Paradigmáticos del Derecho Contemporáneo Colombiano: La Tecnología Disruptiva y la Justicia Predictiva
(Universidad Santo Tomás, 2026-10-08) Muñoz Tapié, Julián Andrés; Valderrama Velandia, José 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
The incorporation of artificial intelligence (AI) and disruptive technologies into the field of Law represents a substantial transformation in the administration of justice and in the traditional understanding of judicial functions. This research analyzes the conditions under which the use of artificial intelligence tools by judges may contribute to judicial efficiency, procedural speed, and the reduction of judicial congestion, without compromising fundamental rights or replacing the human reasoning inherent to adjudication. To this end, the study critically examines the criteria developed by the Colombian Constitutional Court, particularly in Decisions T-323 of 2024 and T-067 of 2025, concerning the use of disruptive technologies and predictive justice. The research addresses concepts such as algorithmic transparency, personal data protection, accountability, equality, privacy, human oversight, and judicial autonomy, identifying the main benefits, risks, and ethical-legal limits associated with automated decision-making. The study adopts a qualitative approach through a logical-systematic method and hermeneutic tools, integrating legal, technological, and philosophical perspectives. It concludes that the incorporation of AI into the justice system should be guided by principles of transparency, supervision, and human oversight, ensuring that these technologies function as complementary tools to judicial reasoning rather than as substitutes for the judicial function.
“Protección Jurídica de los Animales en el Contexto de la Familia Multiespecie: los Fideicomisos en Colombia”
(Universidad Santo Tomás, 2026-10-01) Cuyamón Amaya, Ángela Marcela; Valderrama Velandia, José 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
The purpose of this paper is to analyze the necessity and importance ofincluding animal rights within the framework of the multi-species family through the concept of a trust, as it is a viable and existing mechanism in our country to provide them with effective legal protection. The current legal and social transformation of the concept of family brings us closer to the evolution of animal rights in society, aiming to declare them as subjects of rights and to recognize animals as sentient beings. This recognition results in an emotional and affective bond that arises between a pet and its caregiver, which in turn creates the obligation to guarantee their protection and care in the event of their owner’s death. Despite the progress it has made, Colombia lacks clear regulations regarding the application of trusts to animals, where their status as subjects of rights, rather than objects of human ownership, would become more evident. Trusts, in this new era of multi-species families, are the most effective legal tool to ensure the continuity of care and well-being that animals require in the event of their guardian’s death. They protect animals from mistreatment, abandonment, or situations that may endanger their lives. Therefore, we will study and analyze Colombian legislation alongside experiences from other countries with comparative legal frameworks to provide a comprehensive response that highlights the regulatory gaps we currently face and the possibility of including animals within the modern legal family structure
La caducidad como límite temporal prorrogable de la competencia judicial una crítica al positivismo de la prescripción extintiva y a la falsa extinción de la acción en el proceso colombiano
(Universidad Santo Tomás, 2026-09-22) Huffington Archbold, Timothy; Botero Villa, Enrique Botero; Universidad Santo Tomás
This research critically examines extinctive prescription and limitation periods in Colombian law. The starting point is a conceptual tension often overlooked: the Civil Code preserves a positive legal category built upon a classical civil-law conception of legal action, rooted in French legal thought, according to which procedural action and substantive right were closely connected. Under that framework, it made sense to speak of the prescription of actions or rights. That explanation becomes difficult to sustain under modern procedural theory, which understands legal action as an autonomous right to access the courts. The thesis does not deny that extinctive prescription exists as a matter of positive law. It questions its dogmatic sufficiency. If legal action is autonomous and a prescribed obligation may survive as a natural obligation whose voluntary payment has legal effects, prescription cannot be understood as the radical extinction of the action, the right, or the legal relationship (C.C., 1873, arts. 1527 and 2314). Limitation periods do not ontologically extinguish the right of action either. The claimant may still access the court and obtain a response. What is limited is the judge’s power to validly resolve the merits of the dispute. From this perspective, limitation periods represent the competence-based manifestation of the same temporal phenomenon: time as a limit on jurisdictional effectiveness. Accordingly, this research proposes a binomial reading of the legal effects of time. Acquisitive prescription preserves the idea of prescription as legal transformation through time. Functional limitation, on the other hand, covers the situations in which time limits the jurisdictional effectiveness of a claim or the temporal competence of the judge. Extinctive prescription remains a positive legal category, but not a dogmatically self-sufficient explanation.
El desconocimiento de la ley 1996 de 2019 y la necesidad de comprender su aplicación práctica en el reconocimiento de la capacidad jurídica de las personas con discapacidad en Colombia
(Universidad Santo Tomás, 2026-09-22) Betancur Sánchez, Laura Valentina; Lozada Diaz, Isis Ruby Alejandra; Garcia Jaimes, Fabio Gilberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000133432; https://scholar.google.com/citations?user=U3Iy_fMAAAAJ&hl=es&oi=ao; https://orcid.org/0009-0008-4404-1185
In Colombia, Law 1996 of 2019 abolished the regime of legal interdiction and adopted a support based model for the exercise of legal capacity by persons with disabilities, in accordance with Article 12 of the Convention on the Rights of Persons with Disabilities. More than seven years after the law came into force, persistent doubts remain regarding its understanding and practical application; this prompted us to examine the extent to which this lack of awareness affects the recognition of legal capacity for persons with disabilities in the country. We set out to analyze the paradigm shift introduced by the Law, identifying the main challenges regarding its understanding and implementation. To conduct this research, we adopted a qualitative approach—combining documentary and legal analysis—supported by a review of case law, a specific case study, and an examination of doctrinal sources and comparative law. This analysis revealed that, while Law 1996 of 2019 represented a significant step forward in recognizing the legal capacity of persons with disabilities, difficulties remain in fully translating its provisions into practice. This is evident, for instance, in the notarial and healthcare sectors: 22.2% of the notary offices surveyed in Medellín impose requirements not stipulated by the law, and only 1,362 support assessments were recorded in the first half of 2025—a figure that stands in stark contrast to the more than 3.1 million Colombians living with disabilities. Meanwhile, the Constitutional Court has consolidated a line of jurisprudence upholding autonomy, as demonstrated by Judgment T-048 of 2023. Based on these results, we conclude that the primary obstacle to the Law's implementation lies not in a lack of regulation, but in the ongoing difficulties associated with knowing, understanding, and properly applying it.
Reconstrucción de la memoria histórica para la no repetición: las voces olvidadas de las víctimas del holocausto nazi
(Universidad Santo Tomás, 2026-08-26) Vega Valderrama, Ginelle Isabella; Velásquez Ramos, María Paula; Ortegón Soto, Mayra Alejandra; Universidad Santo Tómás; :https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurr iculoCv.do?co d_rh=0002524520; :https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurr iculoCv.do?co d_rh=0002528363; https://orcid.org/0009-0001-6391-7006; https://orcid.org/0009-0006-6832-4337
This systematization aims to analyze the experiences and reflections derived from visiting different historical memory sites in Germany and Poland, especially the Topography of Terror and the Auschwitz concentration and extermination camp, with the purpose of understanding the importance of these places in preserving the memory of the victims of the Nazi regime and in reconstructing the truth and guarantees of non-repetition. For its development, a qualitative approach was used, based on the systematization of experience, direct observation of the memory sites, and the review and analysis of documentary, legal, and academic sources related to the Holocaust, historical memory, the right to truth, justice, and reparation. The results allowed for an understanding of the dynamics of persecution, discrimination, dehumanization, and violence implemented by the Nazi regime, as well as the consequences these events had for millions of victims during and after World War II. Likewise, the importance of the processes of denazification, justice, reparation, and recognition of victims was evident, as mechanisms aimed at addressing the consequences of systematic human rights violations. Based on the discussion developed, the significance of historical memory was highlighted as a mechanism to guarantee the right to truth, recognize the victims, and strengthen guarantees of non-repetition. Therefore, the preservation of memory and the recognition of the consequences of systematic rights violations are fundamental elements for the protection of human rights and the building of fairer societies that are aware of their past, to prevent the repetition of acts of violence and systematic violations of rights.
Informe técnico. Diseño e implementación de un sistema automatizado para inspección preoperativa en Trans&Maq, Microempresa de Transporte
(Universidad Santo Tomás, 2026-08-14) Ruíz Chacón, Pedro Julian; Leyton Ariza, Camila del Pilar; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001857797; https://scholar.google.com/citations?user=Vm1Osv4AAAAJ&hl=es; https://orcid.org/0000-0003-3963-6033
way pre-operational inspections and vehicle document control were being conducted. All procedures were managed on paper, which made the processes slow, prone to errors, and difficult to track. It was also evident that some vehicles operated with expired documents because this information was not always reviewed in a timely manner. To address this problem, a practical digital solution was created: an easy-to-use form supported by an alert system that notifies the supervisor when expired data or inconsistencies are detected. The implementation of this tool required several steps. First, the existing processes were observed; then a more organized workflow was defined; afterwards, the technical components of the tool were developed; and finally, a pilot test was conducted with the operators to ensure that everything worked properly. As a result, the use of vehicles with expired documents decreased significantly, preventive maintenance improved, and the ability to track information increased. This experience showed that moving from manual activities to digital tools greatly improves the organization of daily tasks. It also strengthens document control and reduces various legal and operational risks.
Caducidad de la acción de reparación directa en delitos de lesa humanidad y violaciones a derechos humanos atribuibles al Estado colombiano
(Universidad Santo Tomás, 2026-07-28) Diaz Cortina, Daniela; Galvis Barreto, Silvia Juliana; Escobar Cardona, Ruben Darío; Universidad Santo Tomás
This thesis presents a legal, descriptive, and argumentative analysis of the statute of limitations (término de caducidad) governing direct reparation claims (acción de reparación directa) in Colombia. The focus is on cases classified as crimes against humanity and human rights violations attributable to the Colombian state. This context frames a significant jurisprudential conflict stemming from the divergent positions adopted by the high courts and international bodies. Given the existence of multiple normative, conventional, and jurisprudential obligations, a strong ambiguity arises regarding the applicability of the peremptory two years term. While the legislator is categorical in regulating access to justice, it simultaneously establishes exceptions for matters concerning human rights. Accordingly, this compendium explores the prevailing theories surrounding this issue to conclusively propose that the statute of limitations is applicable but is limited by conventional mandates and subject to the specific caveats established by the Council of State and the Constitutional Court for instances os State-perpetrated crimes against humanity and human rights violations
Análisis histórico en el reconocimiento de los derechos en el marco constitucional colombiano presentado entre 1821 y 1991
(Universidad Santo Tomás, 2026-04-14) Hernandez Alvarez, Simon; Quiroga Sanchez, Oscar Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000054759; https://scholar.google.com/citations?hl=en&user=1kjORAYAAAAJ; https://orcid.org/0009-0004-6066-3647
This document systematically examines the historical, legal and doctrinal evolution of fundamental rights in Colombian constitutions, from the first texts of the nineteenth century to the configuration of the political Constitution of 1991 with a guarantee approach. The study is developed through a qualitative and documentary approach, based on the comparative analysis of institutional texts, the review of historical sources and the examination of constitutional jurisprudence that has accompanied the consolidation of a model of social rule of law. The methodology used made it possible to identify the normative milestones that marked transformations, between approaches based on individual freedoms, collective social and environmental rights, and institutionalization of judicial protection mechanisms. The Constitution of 1991 constitutes the culminating point of a process of constitutional maturation aimed at strengthening human dignity, citizen participation and the control of public power, all this under the influence of political, social, and international factors in the expansion of the concept of the fundamental and in the adoption of contemporary standards with respect to the protection of rights. all this marked by a constitutional evolution with a progressive and complex dynamic.
El Abuso Sexual Infantil: Crítica al Protocolo del Código Blanco y Actuación Legal
(Universidad Santo Tomás, 2026-05-04) Palacio Garzón, Laura Camila; Riveros Cruz, Julián 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
Child sexual abuse represents a serious violation of the fundamental rights of children and adolescents (NNA), as it directly compromises their dignity and profoundly affects their physical, psychological, and emotional development. Under Colombian law, this type of conduct is classified as a crime against freedom, integrity, and sexual development, pursuant to Title IV of the Penal Code. Therefore, any indication or commission of such conduct triggers the activation of the so-called white code. This constitutes a mechanism or protocol for immediate action that requires state entities to intervene in a coordinated, effective, and diligent manner to guarantee the comprehensive protection of victims. This protocol imposes a series of phases on authorities that must be strictly followed, from the moment a situation of abuse is first discovered until the completion of the investigation and prosecution process. Initially, it requires an adequate identification of the phenomenon, differentiating between the various stages of sexual abuse (gaining trust, perpetrating the abuse, concealment, and, in many cases, repetition), as well as classifying the abuse according to its type, which can range from direct physical contact to exposure to sexual content or the production of sexualized material. Additionally, it urges officials to correctly recognize and assess the various signs indicative of abuse, both somatic and behavioral, in order to enable early activation of the rights restoration system. Similarly, the White Code includes among its objectives the facilitation of the design and implementation of prevention programs, particularly in educational institutions, territorial entities, and communities, that promote awareness of the sexual rights of children and adolescents, as well as reduce the impact of sociocultural patterns that favor the normalization or invisibility of these aberrant behaviors. These programs should incorporate training strategies for teachers, guidance for caregivers, the creation of safe reporting channels, and the strengthening of institutional support networks. However, despite the existence of a legal framework that protects these principles, a series of practical limitations are noted that hinder their effective implementation. The main obstacles include: (i) the lack of specialized training for the staff responsible for receiving and processing complaints; (ii) the absence of a uniform service route across all territorial entities; (iii) weak inter-institutional coordination between the Attorney General's Office, the Colombian Family Welfare Institute, health sector entities, and family police stations; and (iv) the difficulty in ensuring the timely collection of material evidence, particularly medical examinations or psychological evaluations, which can seriously compromise the effectiveness of the criminal process. At the procedural level, the white code establishes that, as soon as an entity becomes aware of a potential case, it must automatically activate the protocol, including the immediate involvement of the family defender for the adoption of provisional protection measures, the opening of the criminal report, and the scheduling of the single interview in the Gesell Chamber. The latter is intended to prevent repeated exposure of minors to interrogations that could lead to re-victimization or further damage to their integrity. Finally, although Colombia has a consolidated set of regulations—including the Political Constitution, Law 1098 of 2006 (Childhood and Adolescence Code), Law 1146 of 2007, and Law 1336 of 2009—the true impact of the white code depends, to a large extent, on effective implementation based on coordination between entities, the allocation of sufficient resources, the strengthening of technical capacities, and a permanent monitoring and evaluation system that allows for objective measurement of the results obtained regarding the comprehensive protection of children and adolescents who are victims of sexual abuse.
Tratamiento juridicio penal de las lesiones personales y el homicidio culposo en la practica de la medicina estetica en Colombia: analisis jurisprudencial sentencias relevantes 2023-2024
(Universidad Santo Tomás, 2026-07-23) Regueros Ortiz, Yinet Lorenza; Zher Sandoval, Leonardo; Universidad Santo Tomás
Despite the fact that aesthetic medicine in the country is not exempt from punishable conducts such as culpable homicide, derived from malpractice in medicine, which violate fundamental rights such as life, health, personal integrity, and human dignity; it has consolidated itself in the Colombian health system as one of the main destinations for medical tourism worldwide, ranking ninth in this field and being the third country in Latin America in providing aesthetic medicine. The cases documented between 2023 and 2024 show deficiencies in professional competence, falsification of degrees, and absence of effective control mechanisms. Actions with which the duty of care and the lex artis are breached in the performance of aesthetic procedures, as injuries are caused that lead to the death of patients. From such situation arises the general objective of the present research, namely: to characterize at least three punishable acts in aesthetic medicine, occurred in the last five years, and to validate and interpret, based on the jurisprudence issued between 2023 and 2024, the punishable acts and the criminal justice processes carried out. To achieve the proposed objective, the methodology of exploration and documentary comparison of judged facts is used, description and correlation of the facts as they appear in criminal proceedings, critical reflection of the constitutional and jurisprudential frameworks included in the hermeneutical framework, and identification of normative gaps and possibly intentional procedural failures, in relation to the adoption of mechanisms that guarantee the protection and care of life, dignity, and the fundamental rights of patients in aesthetic medicine.
Inteligencia Artificial Productor de Pornografía Infantil Sintética: Desafíos Jurídicos – Protección de los Menores en Colombia
(Universidad Santo Tomás, 2026-05-06) Baquero Martinez, Milton Andres; 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
In recent times, the rapid advancement of artificial intelligence (particularly technologies such as deepfakes) has opened up opportunities in various areas, but it has also given rise to new forms of digital violence. One of the most significant is synthetic child pornography, which digitally manipulates images to simulate sexual scenes involving minors, even though there is no physical or real contact. This seemingly fictional practice violates the dignity and fundamental rights of minors. In Colombia, the current regulatory framework prohibits traditional child pornography, but does not expressly address representations created by AI. As a result, there is a regulatory gap that presents difficulties for legal action, limiting and hindering state prevention of minors. Furthermore, this lag compromises the international commitments that the country has made, such as the Optional Protocol to the Convention on the Rights of the Child, which obliges the signatory to adopt effective measures against forms of sexual exploitation. Finally, this research aims to formulate regulatory proposals that consider the crime of synthetic pornography in an autonomous manner. Clear definitions, procedural routes, and technical criteria are proposed to enable its punishment.
La recuperación de cartera en las empresas de servicios publicos domiciliarios en el ordenamiento juridico colombiano y sus efectos financieros y operativos.
(Universidad Santo Tomás, 2026-04-27) Saavedra Campos, Ivonne Lorena; Quiroga Sanchez, Oscar Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000054759; https://scholar.google.com/citations?hl=en&user=1kjORAYAAAAJ; https://orcid.org/0009-0004-6066-3647
This monograph examines the challenges public utility companies face in recovering accounts receivable and the resulting financial and operational effects. The analysis focuses on how arrears and receivables aging reduce liquidity, increase pressure on operating expenditure, delay investment, and heighten risks to service continuity and quality. Methodologically, a documentary, descriptive-analytical approach is used, combining sector regulation and doctrinal review with recent academic literature and institutional receivables management documents. Findings are organized into three axes: receivables characterization and risk-based segmentation to guide proportional actions; assessment of financial impacts such as higher impairment allowances and expected credit losses, and operational impacts such as collection costs and administrative burden; and a practical proposal integrating prevention, early-stage collection, payment arrangements, and formal escalation when warranted, monitored through collection, efficiency, and agreement-performance indicators. The study concludes that recovery improves when processes are traceable, stage-based rules are standardized, risk segmentation is applied, and performance is monitored through periodic indicator dashboards.
Responsabilidad del patrocinador derivadas en el contrato de aprendizaje
(Universidad Santo Tomás, 2026-04-23) Espejo Hernandez, Angie Ximena; Moreno Villamizar, Manuel Mauricio; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001519938; https://scholar.google.com/citations?user=HDarMKcAAAAJ&hl=es; https://orcid.org/0000-0002-5259-6120
It should be noted that the apprenticeship contract is not in itself an employment contract, thus, it is typified as a special contract in the Substantive Labor Code, through which a natural person develops theoretical-practical training in a personal manner in an authorized entity. Likewise, it constitutes the first labor contract where the labor conditions of the first employment are established, therefore, certain guarantees are contemplated for the apprentice as one of the essential parts of the contract. Likewise, the apprenticeship contract is a document that contains labor-employer conditions as any other type of labor relationship, but that require to be analyzed through practical cases that have synthesized aspects that can be derived within the labor relationships, such as the risks derived from the work performed. Jurisprudentially, the apprenticeship contract has been seen as a duty of the State and of the employers in order to offer professional and technical training, and the State must also promote the labor placement of persons of working age (Const., 1991, art. 54). Due to these purposes, the apprenticeship contract has constitutional support, which distinguishes it from an ordinary employment contract, since the latter lacks these purposes (Constitutional Court of Colombia, ruling C-038, 2004).
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).

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