Derecho - Palmira

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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.
Análisis Jurídico De La Responsabilidad Civil En El Transporte Aéreo En Colombia.
(Universidad Santiago de Cali, 2024) Borja Martínez, Yamit Farid; Peña Cuervo, María Isabel (Asesor)
Análisis Jurisprudencial Del Valor Probatorio De Capturas De Pantalla De Redes Sociales En Procesos Penales De Estafa: Una Revisión De Decisiones De Las Cortes Y Juzgados Del Valle Del Cauca
(Universidad Santiago de Cali, 2024) Angulo Candelo, Vanessa; Salazar Tascon, Tatiana Andrea; Ospina Molina, Pablo Sergio (Asesor)
The research focuses on evaluating the evidentiary value that the high courts and tribunals of Valle del Cauca have conferred on social media screenshots in criminal fraud proceedings, a problem arising from the increasing use of platforms such as WhatsApp, Facebook, and Twitter to commit fraud. Given the need for the law to adapt to technological advances, where screenshots of conversations have become essential evidence, the study seeks to analyze judicial decisions and the criteria applied by the courts to determine the admissibility and reliability of this digital evidence. The theoretical framework is based on Colombian regulations on digital evidence, including Laws 270 of 1996, 527 of 1999, and 1564 of 2012, as well as the rules of sound criticism and key rulings of the Supreme Court and the Constitutional Court, which highlight the need for expert evidence to verify its authenticity. The purpose is to provide a detailed view of how courts handle this digital evidence, helping to improve the administration of justice in cases of fraud committed through social media.
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.
Análisis Jurisprudencial Sobre La Presunta Vulneración Del Derecho A La Inviolabilidad Del Domicilio De Las Personas Al Ingreso De Los Agentes De Policías Sin Orden Escrita Contemplado En El Código Nacional De Policía Y Convivencia -Ley 1801 De 2016-
(Universidad Santiago de Cali, 2024) Maldonado Maldonado, Stwe Yesid
This article addresses matters concerning the integrity of the residence and the means of police control, which aims to understand why the current State Police Law (Law No. 1801 of 2016) allows entry to residences without a written order. to the number of residents in the area. It is limited. According to articles 28 and 32 of the political constitution, it is harmful for police authorities to be empowered to enter a residence without taking into account the consent or refusal of the owner or occupant for the same reason. The above is based on a qualitative and legal methodology through a hermeneutic method, to interpret and analyze the constitutional right of the inviolability of the home and article 163 of law 1801 of 2016 to know its effects and determine the vulnerability between them. . Furthermore, this research proposal follows a deductive order, since it starts from the review of international legal standards to internal ones to know their scope of protection and be able to determine the moment of violation by the article. Likewise, this work will expose a series of arguments that have appeared since the application of this standard, and will delve into the theoretical knowledge that regulates and protects this mechanism, both nationally and internationally. Considering that international law allows, through the instruments of Colombian law, to determine the correctness of the aforementioned norm and give it an application that corresponds to the comprehensive visualization of the powers and functions that the State forces must perform in relation to the citizens.
Análisis Jurisprudencial Sobre La Presunta Vulneración Del Derecho A La Inviolabilidad Del Domicilio De Las Personas Al Ingreso De Los Agentes De Policías Sin Orden Escrita Contemplado En El Código Nacional De Policía Y Convivencia -Ley 1801 De 2016-
(Universidad Santiago de Cali, 2024) Maldonado Maldonado, Stwe Yesid; García Gómez, Jainer Enrique (Asesor)
The right to the inviolability of the home in Colombia has its historical roots in Article 47 of the 1811 Constitution of Cundinamarca (inspired by the 1808 Bayonne Constitution), which established it as an inviolable refuge that could only be entered upon request for assistance or by court order. However, the subsequent Law 1801 of 2016 (National Police and Coexistence Code) has generated controversy, as its Article 163 allows police to enter homes without a court order only under the condition of assisting a person who has requested help or is at risk, with the requirement that management and the owner be informed, which does not eliminate the risk of exceeding their functions. The general objective of this document is to demonstrate how Article 163 of Law 1801 of 2016 violates the constitutional right to the inviolability of the home by allowing such entry without a written warrant. To this end, an analysis will be developed in three parts: a study of the constitutional right to the inviolability of the home, an analysis of the application of Article 163, and finally, a determination of the violation of the right.
Análisis Sobre La Pluralidad De Litisconsorcios Para Determinar Los Efectos Y Consecuencias.
(Universidad Santiago de Cali, 2024) Lozano Libreros, Laura Lucia; Gaviria Gaviria, Jinneth Elena Gaviria Gaviria (Asesor)
Barreras culturales que debe afrontar la jurisdicción especial para la paz (Jep) en Colombia
(Universidad Santiago de Cali, 2019) Rodríguez Valor, María del Pilar
Brecha Digital En Los Docentes De Colombia Durante La Pandemia Del Covid-19
(Universidad Santiago de Cali, 2024) Oliveros Corrales, Ana Victoria; Arcos Troyano, Jeffrey (Asesor)
Teachers experienced difficult situations during the COVID-19 pandemic, particularly due to the stress of mandatory use of digital devices due to isolation and school closures. The directives forced virtual/distance learning, which affected job stability and the need to learn how to use ICTs. This study highlights the complexity of teacher adaptation and inequalities by age and region in Colombia. The research also links teacher impacts to digital divides when implementing ICTs in 2020, highlighting the widening of pre-existing social and digital inequalities in terms of access to devices, connectivity, and experience.
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.
Colombia Dejando Atrás Un Sistema Inquisitivo.
(Universidad Santiago de Cali, 2023) Chico Santacoloma, Maria Del Mar; Giraldo Ángel, Laura Andrea (Asesor)
Constitucionalización del derecho de familia en Colombia.
(Universidad Santiago de Cali, 2024) Arboleda Montaño, Julian Andres; Cano Sterling, Andrés Felipe (Asesor)
The constitutionalization of family law in Colombia, promoted by the 1991 Constitution, represents a significant transformation for the protection of family relationships under the principles of human dignity and equality. The Constitutional Court has been instrumental in redefining concepts and expanding the recognition of diverse family forms. The objective of this article is to offer a comprehensive overview of the Constitution's influence, assessing its achievements (such as the recognition of diverse families and marriage equality) and its persistent challenges. The study is based on a comprehensive legal and jurisprudential analysis to understand the role of the Constitution, identify pending challenges, and propose recommendations to strengthen the protection of family rights.
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)
Efectividad De La Defensa De Un Apoderado Sin Reconocimiento Económico.
(Universidad Santiago de Cali, 2024) Sanchez Calero, Yeraldin; Gaviria Gaviria, Jinneth Elena (Asesor)
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.
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.
El Varón como Víctima de Violencia de Pareja en la ciudad de Palmira – Valle del Cauca, en el Contexto de Pandemia COVID-19: Una revisión desde la Fiscalía General de la Nación.
(Universidad Santiago de Cali, 2024) Victoria Duque, Camila; Ospina Molina, Pablo Sergio (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)
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.
Estrategias para la Mitigación de las Violencias Basadas en Género desde la Universidad Santiago de Cali, seccional Palmira: Propuesta de un Protocolo desde un Enfoque Interinstitucional e Intrainstitucional
(Universidad Santiago de Cali, 2024) Barandica Aparicio, Leiran Verónica; Ospina Molina, Pablo Sergio (Asesor)
GBV is a highly prevalent phenomenon today, especially among women, defined as abusive behaviors based on gender inequality. Colombia's obligation to guarantee a life free from violence is based on the constitutionality of the Constitution and Law 1257 of 2008. Given the persistence of GBV in the university setting and the Ministry of Education's (MEN) mandate to adopt care protocols, this research seeks to identify the guidelines that should be taken into account in the development of an institutional protocol at the Universidad Santiago de Cali, Palmira branch, aimed at the detection, prevention, and treatment of gender-based violence that operates from an intra- and inter-institutional approach. The study will establish the characteristics of such a protocol by characterizing GBV and analyzing national and international regulations.

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