Derecho - Palmira

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Barreras culturales que debe afrontar la jurisdicción especial para la paz (Jep) en Colombia
(Universidad Santiago de Cali, 2019) Rodríguez Valor, María del Pilar
La Apolitización Y Restricción Del Voto De Las Fuerzas Públicas-Armadas En Colombia Como Fundamento Para Salvaguardar El Estado Democrático.
(Universidad Santiago de Cali, 2022) Martinez Robayo, Alejandro; Riascos Ceballos, Jose Luis; Giraldo Ángel, Laura Andrea (Director)
Constitutionally, the public forces are prohibited from participating in the political life of the country in pursuit of the democratic principles of a social State of law, thus in article 2019 of the Political Constitution of 1991 of Colombia it limits the democratic and electoral rights of the members of the public force following the model implemented since 1932 by President Olaya Herrera. Among some arguments in favor of the apoliticization of the public forces is the neutrality that they must maintain so as not to be deliberate or disproportionate in the social debate to guarantee legal security and public safety; however, this work seeks to question the need for the limitation imposed on the public force, and if it is really proportional and fair taking into account constitutional principles, just as other legal systems that do accept the political participation of the forces can be reviewed. public, coming to safeguard their fundamental and human rights such as equality and free development, it is pertinent to ask if it is coherent that a democratic State violates the political participation of a citizen arguing the nature of his professional activity such as being a member of the armed public forces?
Análisis De Las Disposiciones Normativas Contenidas En La Ley 1480 Del 2011 Y Las Orientaciones Dadas Por La Superintendencia De Industria Y Comercio, Que Buscan Proteger A Los Consumidores Colombianos De La Publicidad Engañosa Generada En Redes Sociales En El Periodo 2020.
(Universidad Santiago de Cali, 2022) Ruiz Pérez, Andrés; Misas Caicedo, Alexandra; Escobar Ospina, Carlos Andrés (Tutor)
This article conducted at the Faculty of Law of the Universidad Santiago de Cali, will analyze how effective is the Guide adopted by the Superintendence of Industry and Commerce, product of the latent need to protect the rights of consumers as a result of the marketing of products and services generated in social networks. In that sense, many merchants, faced with the need to position themselves in the market and generate a large number of sales, turn to digital influencers as a powerful marketing strategy. In that order of ideas, the role played by the Colombian State in the protection of consumers, the power of the Superintendence of Industry and Commerce to inspect, monitor and control, according to Law 1480 of 2011, will be studied, in addition the degree of enforceability of the Colombian Guide of good practices in advertising through influencers on social networks will be analyzed, taking into account that the Colombian State urges advertisers and influencers its application to avoid the violation or threat to the rights of consumers. This arises because many influencers when promoting products or services in their social networks, do not verify the quality of the same and have generated misleading advertising, such is the case of the model Elizabeth Loaiza Junca in which she recommended in her social network Instagram a rapid test for the detection of the virus Covid 19, which was not in accordance with the material reality of the product, as will be studied in the development of this writing.
Ejecuciones Extrajudiciales En Colombia.
(Universidad Santiago de Cali, 2022) Cruz Sánchez, Michelle; Giraldo Ángel, Laura Andrea (Asesor)
Several historians place the beginning of the conflict in Colombia in 1946, creating a climate of violence that allowed guerrilla groups such as the FARC and the ELN to emerge in 1964, during "La Violencia" (The Violence). Paramilitaries and drug traffickers joined the conflict. One of the most serious situations was the "False Positives," the murder of thousands of innocent civilians (the JEP reported at least 6,402 between 2000 and 2008) by members of the National Army to simulate combat results. Although many military personnel have acknowledged their participation in these extrajudicial killings, the military institution has not, suggesting a system organized by the state.
La Tecnología de Vigilancia Masiva y su Impacto en los Derechos Humanos: Un Análisis Crítico
(Universidad Santiago de Cali, 2023) Belalcazar Martínez Alejandro; Giraldo Cardona Julia Izabel (Asesor)
El Derecho De Herencia De Hijos De Crianza En Colombia.
(Universidad Santiago de Cali, 2023) Marín Álvarez, Estefanía; Giraldo Ángel, Laura Andrea (Asesor)
Currently, the family is no longer comprised solely of a man and a woman, as the concept of family has evolved since constitutional law, when the High Court issued various rulings in favor of an inclusive society. This paper addresses the issue of inheritance rights for foster children in Colombia, analyzing jurisprudential considerations and how the law has granted equal treatment to these children compared to biological or adopted children. This conceptual evolution, driven by the jurisprudence of the Constitutional Court since Ruling T-522/11 and the movement for the recognition of same-sex couples and sexual diversity, is based on the principle of equality enshrined in Article 13 of the Political Constitution, which requires the State to provide comprehensive protection for the family without discrimination based on sexual orientation or any other reason. The general objective of this work is to describe the foster family and the right of inheritance that is established through this voluntary union, with specific objectives of explaining the concept, outlining the right to inheritance and specifying conclusions, using a qualitative and descriptive methodology with a deductive approach through the hermeneutic method, based on information extracted from scientific databases and university repositories.
Los Retos De Las Personas Discapacitadas En Un Proceso De Sucesión Notarial En La Ley 1996 De 2019.
(Universidad Santiago de Cali, 2023) Beltrán Pastes, Yenifer Yisel; Benavides, Guillermo A (Asesor)
The effectiveness of a social state based on the rule of law lies in providing and guaranteeing to society the development of its goals as established in the political constitution, and one of these ways of doing so is the recognition of the legal capacity of persons in a situation of disability, the above, was materialized in the law 1996 of 2019 that brought many benefits to disabled people, but at the same time generates concerns about the lack of knowledge of rights to disabled people in the succession process by notary, which deserves to know and identify reasons in favor of the law 1996 of 2019 and reasons against in the development of a succession process by notary.
Ensayo Acceso A La Internet Como Derecho Fundamental Para La Construccion De La Ciudadania Digital.
(2023) Ramirez Galindo, Mario Alejandro; Sinisterra Quintero, Juliana (Asesor)
The purpose of the following article falls on the analysis of internet access as a fundamental right in a nascent status, from the analysis of the social, economic and political situations that develop in the Colombian population, seeking support in various constitutional, doctrinal, and judicial theories and legal systems, in order to study in depth the relevance of the internet and access to it within the Colombian legal system and how information technologies have managed to modify not only the way people relate to each other but also access to the justice, the delivery and development of it, for the realization of this has been raised as a general objective to analyze the impact that the internet has achieved in the various interaction processes in society that has facilitated relationships between people, and based on The development of three chapters focused on solving this problem.
Prevalencia De Los Derechos De Los Niños.
(Universidad Santiago de Cali, 2023) Ortiz López, Sebastian; Giraldo Ángel, Laura Andrea (Asesor)
Cambios Del Régimen Disciplinario En Colombia Introducidos Por La Sentencia Petro Vs Colombia De La CIDH: Control De Convencionalidad Y Derechos Políticos.
(Universidad Santiago de Cali, 2023) Ríos Rengifo, Heidy Johana; Giraldo, Laura Andrea (Asesor)
This paper analyzes the changes to the disciplinary regime in Colombia introduced by the IACHR's Petro vs. Colombia ruling, as well as the control of conventionality in conjunction with Political Rights. To achieve this objective, the essay will be structured in three parts: first, a study of political rights from the perspective of international law and the constitutionality block; second, a description of the Petro Urrego vs. Colombia case and the considerations of the Inter-American Court of Human Rights that motivated the reforms to disciplinary law; and third, a reflection on the significance of conventionality control in the Colombian legal system. The methodology is qualitative and descriptive, with a deductive approach and a hermeneutic method, based on scientific documents to extract the essential elements. The Petro v. Colombia ruling is crucial because it details political rights and the control of conventionality, obliging Colombia to align itself with the international standards of the Inter-American Convention on Human Rights to respect due process and the rights of public servants, highlighting the procedural flaws that affected Gustavo Petro Urrego, and strengthening the role of the IACHR in ensuring legal certainty in the region and avoiding arbitrary disciplinary law.
Naturaleza De Los Delitos Informáticos Y Algunos Ordenamientos Jurídicos.
(Universidad Santiago de Cali, 2023) Micolta Perlaza, Edinson; Hernández Hernández, Margarett Paola (Asesor)
Análisis Jurisprudencial Sobre El Debido Proceso Aplicado En El Régimen De Propiedad Horizontal.
(Universidad Santiago de Cali, 2023) Tabares Holguín, Ricardo; Alarcón Peña, Andrea (Asesor)
Due process is a right that enjoys special protection under the Colombian legal system, established as a fundamental right in the Political Constitution. This right is an essential guarantee in any sanctioning process, including the Horizontal Property Regime (Law 675 of 2001). Although it has the autonomy to impose sanctions, it must respect this right and constitutional guidelines. This study will focus on the analysis of specific cases where the distorted application or non-compliance with due process by the administrative bodies (Assembly, Council, and Administration) is evident against individuals linked to the co-ownership (co-owners, tenants, or third parties). The violation of this right, particularly in sanctions with deficiencies in procedural law, has generated relevant jurisprudence that will be analyzed to contextualize its configuration, identify the flaws, and explain why individuals must resort to the judicial system to protect this fundamental guarantee.To develop the present work, an analysis of the jurisprudence has been carried out, reviewing all the existing sentences in the matter, which are correlated with the same legal problem presented, to finally make the pertinent conclusions with a comprehensive proposal of solutions that correct the errors presented. within the sanctioning procedure of the Horizontal Property Regime and foresee a violation of due process due to non-compliance with it.
Tipos De Contratación Pública: Contrato De Consultoría En Colombia.
(Universidad Santiago de Cali, 2023) Ramírez López, Juan Felipe; Idrobo Enríquez, Emilio José (Asesor)
The jurisprudence is considered as a formal and material source of law, hence its binding force in the decisions of the judicial and administrative authorities. It should be noted that the binding jurisprudence regarding the extension of administrative jurisprudence is one that meets the requirements established in Law 1437 of 2011, in order to achieve judicial decongestion and the protection of important values of the legal system, as well as equal treatment and legal certainty in matters of administrative litigation.
Colombia Dejando Atrás Un Sistema Inquisitivo.
(Universidad Santiago de Cali, 2023) Chico Santacoloma, Maria Del Mar; Giraldo Ángel, Laura Andrea (Asesor)
Desafíos contemporáneos qué enfrentan los derechos humanos ante la discriminación y desigualdad en países desarrollados
(Universidad Santiago de Cali, 2023) Zúñiga Medina, Andrés Felipe ; Giraldo Cardona, Julia Izabel (Asesor)
En Colombia, ¿hay responsabilidad social o gubernamental en aceptar la diversidad de familias diversas?.
(Universidad Santiago de Cali, 2023) Magón, María Elena; Giraldo Ángel,Laura Andrea (Asesor)
Límites Y Alcances Del Control De Convencionalidad Del Sistema Interamericano De Derechos Humanos En El Derecho Interno Colombiano.
(Universidad Santiago de Cali, 2023) Vélez Páez, Hernán David; Giraldo Ángel, Laura Andrea (Asesor)
The protection of human rights is not only based on the creation of instruments, but also on ensuring the effective enforcement of the decisions of the highest courts. The Inter-American Human Rights System (IACHR) promotes protection and establishes judicial actions for victims of violations. It is comprised of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights. Since the IACHR is a subsidiary system of the States, it is essential to guarantee the enforcement of its decisions in domestic law. In the Colombian context, the constitutionality block and conventionality review are used to ensure that state entities comply with the IACHR's orders. This leads to the formulation of the research question: what is the legal scope of conventionality review with respect to decisions made by the Inter-American Court of Human Rights in Colombian domestic law? The general objective of this question is to establish this scope.
La Ética Ante Los Retos Digitales Del Sistema Judicial
(Universidad Santiago de Cali, 2023) Rentería Viveros, Jaime Eduardo; Celis Correa, Jorge Alberto (Asesor)
Impacto de la Conciliación Preprocesal en Materia Penal en Colombia, para los delitos querellables.
(Universidad Santiago de Cali, 2024) Rojas Loaiza , Jonier Stee; Escobar Ospina, Carlos Andrés Escobar Ospina (Director)
Trazando Un Camino Hacia La Dignidad: Análisis De La Eutanasia Para Pacientes Con Intenso Dolor En Colombia A La Luz De La Sentencia C-233/2021, Caso De Martha Sepúlveda.
(Universidad Santiago de Cali, 2024) Arizala Gonzalez, Maria Alexandra; Ospina Molina, Pablo Sergio (Asesor)
The subjectivity of euthanasia is a highly controversial and ethical issue that generates profound debates in society and in the legal and medical fields. Colombia has been a pioneer in the recognition of this right through Constitutional Court rulings C-239/97 and C-233/2021, which established the legal framework for its practice, initially in cases of terminal illness and later extending it to non-terminal patients with intense suffering, including active (direct action) and passive (withholding of treatment) euthanasia. Current research focuses on analyzing the repercussions of Ruling C-233/2021 to identify deficiencies in its application, as evidenced in cases such as that of Martha Sepúlveda, with the aim of proposing improvements that ensure effective respect for the right to a dignified death, which continues to be delayed in the country.

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