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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).
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.

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