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Item Impacto del Fuero de Estabilidad Laboral Reforzada en el personal docente y administrativo de una importante institución de educación superior de la ciudad de Cali(Universidad Santiago de Cali, 2025) Colmenares Gomez, Maria De Los Angeles; Maldonado Botache, Manuel Felipe; Santana Naranjo, Natalia (Asesora)Enhanced job security in Colombia is based on guaranteeing and protecting the rights of workers with manifest weaknesses, ensuring that they are not dismissed or discriminated against due to health or union rights, among other reasons that violate the human rights enshrined in the Colombian Constitution. This research analyzes the scope of enhanced job security protection for the teaching and administrative staff of a higher education institution in Valle del Cauca, with over 65-year history and more than 1,500 employees in the city of Santiago de Cali. It examines its legal and economic impact within the organization, with special emphasis on the areas of Human Resources, Occupational Health and Safety, and the Legal Department. It also reviews cases from the last five years in which the reinstatement of workers with enhanced job security was ordered under different types of protection, such as health, maternity, and union protection, with the aim of identifying shortcomings and formulating recommendations to strengthen the protection of workers' labor rights.Item La Violencia Intrafamiliar desde una Perspectiva Jurídica: Análisis Multidisciplinario y Estrategias de Intervención(Universidad Santiago de Cali, 2025) Gonzalez Ramirez, Luisa Fernanda; Marín Ordoñez, Jennifer Estella (Asesora)Domestic violence in Colombia is a persistent and complex problem that affects a significant number of people, especially women and children. It manifests itself in various forms, such as physical, psychological, sexual and economic abuse, and its victims often face barriers that hinder access to justice and support services. Despite legislative efforts, such as Law 1257 of 2008, which establishes protection and prevention measures, its implementation is uneven, especially in the most vulnerable regions of the country. This research proposes a multidisciplinary approach that integrates legal, social and psychological perspectives to comprehensively address domestic violence. From the legal perspective, it is crucial to strengthen the existing legal framework and improve its implementation. At the social level, cultural change must be fostered through education and awareness-raising in communities, as well as the creation of support networks. At the psychological level, it is essential to provide emotional care to both victims and aggressors in order to break the cycle of violence. Specific findings include the identification of an increase in cases of violence during the COVID-19 pandemic and the persistence of high rates of gender-based violence, with 66,621 cases registered in 2024, of which 75.6% were against women, here lies the need to improve the training of officials in charge of dealing with these cases, increase the number of cases of violence against women, and increase the number of cases of violence against women.Item Criterios para la determinación del detrimento patrimonial del sector Salud del Estado Colombiano por la exposición de los ciudadanos al asbesto durante el periodo 2020-2023(Universidad Santiago de Cali, 2025) Carvajal Argoty, Luis Antonio; Ruiz Yela, Roxana; Terreros Calle, Fernando Carlos (Director)This article states the importance of establishing criteria to the determine patrimonial detriment in the health sector due to the actions or omissions of public administration resulting from citizens’ exposure to hazardous substances (asbestos). It is essential to study the harmful effects of asbestos in the human beings through Colombian jurisprudence related to patrimonial damage by the state in cases where people get exposed to asbestos. The above, considering the fact the in Political Constitution in 1991, the essential purposes were implemented such as assuring the life of citizens and providing measures that contribute to promoting the protection of individual as well as collective rights. The detriment per se does not represent consequently and automatically any legal action under Colombian law. The main administrative and judicial actions of the legal framework are subjected to the compensatory judicial action which is the action of repetition. Likewise, a compensatory administrative action which is the fiscal action. In either case, a series of requisites is demanded, and the ordinary general omission of a prohibitive legislative duty would not allow to claims, in spite of an evident patrimonial damage to the state. The fact that the state must respond financially through a judicial control mechanism as direct compensation by legislative omission in the case of citizens’ exposure to hazardous material such as asbestos, a vast quantity of the resources invested in repairs, compensations and preventive and curative health tasks, overtly produces a patrimonial dama This study applied the qualitative paradigm, the type of research was documentary descriptive with a historical hermeneutic approach. A documentary review of primary sources was carried out among the Council of State judgements utilizing the data collection technique of documentary information.Item “Ius Variandi” como mecanismo que habilita el abuso laboral en servidores públicos de la Alcaldía de la ciudad de Cali(Universidad Santiago de Cali, 2025) Ortiz León, Laura Camila; Luna Uribe, María Camila; Cano Sterling, Andrés Felipe (Director)Although labor harassment can be differentiated from labor abuse in terms of its intent, through the modification of the essence of the contract, this research seeks to address labor abuse as a disguised form thanks to the exceptional clauses and the principle of “ius variandi”. Therefore, the purpose is to “analyze the application of the principle of ‘Ius Variandi’ as a possibility of labor abuse in public servants of the Mayor's Office of Cali”. From research with a phenomenological study, qualitative approach and descriptive scope, 21 officials of the Mayor's Office in three secretariats were approached: Secretariat of Economic Development, Secretariat of Peace and Citizen Culture and Secretariat of Tourism through a semi-structured interview that shows four ways or dimensions in which the employer is empowered to alter, through the figure of “ius variandi”, the working conditions in manner, quantity, time and place. As results, in the “mode” and “quantity” dimensions, the categories of functions, operations and position in the first dimension and goals, activity and workday in the second dimension were found, which made it possible to evidence situations that may conceal situations of labor abuse and present them as necessities for the fulfillment of the mission in favor of general and social needs. In the aforementioned dimensions, there were changes and increases in functions, operations and positions as a measure to meet goals and cover vacancies due to lack of personnel, while there was an increase in goals and activities, and the workday was extended due to lack of personnel. It is concluded by pointing out that these modifications, derived from the increase in quantity in “mode” and “quantity” dimensions, may cover up situations of labor abuse, but that it is still not typified as such due to conceptual and legal gaps that may make it possible to specify labor abuse as a form differentiated from labor harassment.Item Migración de retorno como reparación a víctimas del conflicto armado interno en Santander de Quilichao(2026) González Torres, Helen Vanessa; Rodríguez Martínez, Yefferzon; Arcos Troyano, Jeffrey (Director)This paper analyzes the viability of return migration as a comprehensive reparations measure for victims of the internal armed conflict in Santander de Quilichao (Cauca), who were displaced in the late 1990s due to crimes committed by the Calima Bloc of the AUC. While Law 1448 of 2011 recognizes this right, the research indicates that significant institutional gaps and a lack of effective policies to guarantee a dignified and safe return persist in the region. To move beyond the strictly legal framework, the analysis proposes examining the material, symbolic, and political conditions necessary to rebuild the community fabric under the principles of restorative justice. Methodologically, the study adopts a qualitative, exploratory analytical perspective with a comprehensive-interpretive approach. The hermeneutic-interpretive method is based on the analysis of legal documents and philosophical texts, articulating legal categories with the critical thought of authors such as Walter Benjamin and Hannah Arendt. In this way, the article questions the legitimacy of current norms and promotes a critical look at the relationship between Law, violence and memory, ultimately seeking to rethink the return as an ethical and political gesture that manages to restore the voice and agency of the victims in the reconstruction of their own history and territory.Item El precedente judicial en la jurisprudencia de la corte constitucional y la protección de los derechos humanos en el contexto de la protección al medio ambiente en Colombia(2026) Sáenz Rueda, Juan Manuel; Buitrago Rojas, Paola Andrea (Directora)The present work has as object of study the precedent of the jurisprudential decision of the Constitutional Court of Colombia in matter of the control that it conducts of the protection of the human rights in the socio-environmental conflicts. The research problem is aimed at determining how the precedent has contributed to the field of the right to a healthy environment and what have been the main obstacles that have limited its application. The methodology is qualitative, of legal-documentary type, and is based on the identification, systematization and reconstruction of the most relevant jurisprudential lines in this field. The results show the process of consolidation of a solid ecological constitutionalism, where the articulation of the precautionary principle, environmental justice, the recognition of nature’s rights as a subject of rights and the incorporation of inter American standards. But specific obstacles have been identified that have limited the application of the precedent, including: (i) weaknesses in the administrative and judicial execution of constitutional orders; (ii) jurisdictional differences between environmental authorities and territorial entities; (iii) economic and institutional resistance to environmental protection, and (iv) the lack of effective monitoring mechanisms for effectiveness. Finally, the text offers a critical examination of the scope and limits of Colombia’s ecological constitutionalism, given the gap that exists between jurisprudential formulations and practice.Item las vías electrónicas como garantía para la contratación estatal de acuerdo a la selección objetiva(Universidad Santiago de Cali, 2025) Sánchez Yate, María Del Mar; Álzate, Jaime BernalThis article investigates the effectiveness of government e-procurement in Colombia and its impact on the objectivity of procurement processes, as well as its role in reducing political, economic, or personal influences. Using a documentary approach based on the review of academic literature, regulations, news articles, official reports, and online sources, the study examines the capacity of electronic systems to promote transparency, fair competition, and efficiency in public procurement, as well as the challenges and barriers to their implementationItem Aplicación de los estándares jurídicos del sistema interamericano de derechos humanos para el acceso a la justicia de las mujeres víctimas de violencias basadas en género en la jurisprudencia colombiana de la corte suprema de justicia en los casos de acoso laboral contra las mujeres, año 2019 -2023(Universidad Santiago de Cali, 2024) Cuadros López, Jesús Adolfo; Toro Ramírez, Claudia Cecilia; Santana Natalia (Directora)Workplace harassment against women constitutes a form of gender-based violence that must be addressed in accordance with the human rights protection standards developed by the Inter-American Court of Human Rights. An analysis of the Supreme Court's jurisprudence from 2019 to 2023 shows that the precedent makes no direct or complete reference to the standards developed in the Inter-American system on the right to access to justice, the gender perspective, and protection against gender-based violence. This conclusion is reached by identifying the precedent of the IACHR and the Supreme Court of Justice, and then comparing and analyzing it.Item Mecanismos para la garantía del derecho a la salud de la población venezolana en Colombia(Universidad Santiago de Cali, 2020) Ordoñez Muñoz, Yulieth Andrea; Cruz Buitrago, Jorge ArmandoCurrently, the phenomena of people or groups in masses that must leave their places of origin, are more visible and statistically analysable, due, among other things, to the controls exercised by the States and to the amount of literature that has been written on migration. Of course, that there is a descriptive need that allows us to show the magnitude of the problem and the deficiency of the Colombian legal system to address the Venezuelan migration phenomenon in Health, being the purpose of this article to identify from the legal point of view, the mechanisms for the guarantee of said right to this population.Item Las antinomias constitucionales en las decisiones de la corte constitucional colombiana(Universidad Santiago de Cali, 2020) Sinisterra Quintero, Juliana; Giraldo Àngel, Laura AndreaThe Constitutional Antinomies (AC) are presupposed as contradictions —whether it is normative, principialistic or of rules— within the same legal system. They have been present in most of the legal systems in the world. Latin America is a scene of contradictions, conflicts and constant struggles to strengthen the regulatory and judicial aspects that guarantee greater effectiveness in justice. On a daily basis, judiciary operators concern about the approaches they should take to their judgments. This article is an attempt to establish the form and the way in which the Constitutional Antinomies re solved in the decisions of the Colombian Constitutional Court. This analysis contributes to focus on how these operations —sometimes technical but mostly subjective— have been developed over almost three decades. It achieves it throughout the study of the argumentative system (Perelman & Atienza) as the basis for understanding every judiciary system, the socio-legal environment in which legal activity is carried out, and certain conclusions and daring suggestions for the judiciary operator, Make the this analysis provides a contribution to focus in how these operations –sometimes technical – have been developed over almost three decades, most of the time subjective decisionItem La legalidad y proporcionalidad de los medios tecnológicos en el sistema de contravenciones de movilidad en Colombia a luz de la ley 1843 de 2017(Universidad Santiago de Cali, 2020) García Mena, Juan Miguel; Mena Monntealegre, Isabel CristinaAutomatic, semi-automatic and other technological devices of infractions detection were created through the Act 1843 of 2017. Its main purpose was to overcome the lack of traffic agents in the municipalities and special districts of the national territory. According to its second article, automatic and semiautomatic systems installed in municipalities must comply with road safety criteria that guarantee the correct installation and operationalization of the system. However, criteria evidence that transit authority is the only competent entity in charge of both reviewing recorded videos of the alleged violation and making the respective summons —the traffic officer performs the description of the violation and the inspector ratifies it. Thus, it is especially important to understand that technological systems require a permanent authority accompaniment. As a result, those devices do not contain an adequate proportionality to constitute the evidence it was created for, neither it decongests mobility and transportation officers’ procedures. On the contrary, it could be considered as a strategy that makes them more complex and burdensome for municipal authorities, creating constitutional tensions against public administration principles compliance.Item La inconstitucionalidad de los factores de desempate establecidos en los numerales 1° y 2° del artículo 2.2.1.1.2.2.9. del decreto 1082 de 2015 en el contexto de los tratados de libre comercio suscritos por Colombia(Universidad Santiago de Cali, 2020) Vargas Cardona, Héctor Fabio; Cano Sterling, Andrés FelipeThe purpose of this article is to determine why the tie-breaker factors established in numerals 1 and 2 of article 2.2.1.1.2.2.9. of Decree 1082 of 2015 can be considered unconstitutional. To do this, the regulatory regime corresponding to the tiebreaker factors in the Colombian state contracting system is described; next, the constitutional norms that are considered violated by numerals 1 and 2 of article 2.2.1.1.2.2.9 are identified. of Decree 1082 of 2015 in the context of the free trade agreements signed by Colombia and, finally, it is explained why these constitutional norms are considered violated.Item La vigencia temporal de la ley 1448 de 2011 como una expresión de la eficacia simbólica en el contexto del conflicto armado Colombiano(Universidad Santiago de Cali, 2020) Rentería López, Zully Andrea; Molina Hincapié, SergioThe purpose of this article is to determine the reason why the temporary validity of Law 1448 of 2011 is likely to be considered as an expression of symbolic efficacy of law in the context of the Colombian armed conflict. To this end, the theoretical framework that supports the problem of the symbolic effectiveness of law is presented and, immediately afterwards, the normative regime of Law 1448 of 2011 is described, to highlight the aspects of this that allow to affirm that it seeks a symbolic efficacy.Item La Reparación integral de las víctimas del bloque calima de las A.U.C. en el marco de la Ley 975 de 2005(Universidad Santiago de Cali, 2020) Ramírez Idrobo, Rowinson; Quintero Calvache, Juan CarlosThis work shows that the forms of integral reparation decreed in the judicial decisions in Justice and Peace, for the victims of the Calima bloc of the United Self-Defense Forces of Colombia, respond to international standards in this matter. In order to establish the above, we start from the description of the international normative principles guiding the policy of reparation to victims. Likewise, an outline of the main crimes that have been carried out by the Calima bloc of the AUC is made based on the victims' complaints before the Prosecutor's Office. Finally, it is concluded that in light of Law 975 of 2005, in accordance with its postulates, the judges seek to approach compliance with international standards to guarantee the rights to comprehensive reparation of the victims of paramilitarism. This is why the application of the Justice and Peace Law is a transcendental tool not only to repair the victims and seek the truth, but also to build a scenario of lasting peace.Item Efectividad del Recaudo de Cobro Coactivo de la Pena de Multa impuesta en las sentencias de condena por la Jurisdicción Penal en el Distrito Judicial de Cali durante los años 2.015 y 2.016(Universidad Santiago de Cali, 2019) Silva Castillo, María del Pilar; Quintero Aquite, SofíaThe present document intends to develop a criticism aimed at determining whether the Colombian State guarantees the bastions of the Constitutional criminal law in the pecuniary penalty, since this is substantially integrated into the instrument of pressure, control and social defense of the State. It is expected to show that one of the problems for the fulfillment of the pecuniary penalty in coactive collection, are in the same legal precepts, since social reality confronts the legal statements. The hardening and severity of the penalties do not allow to adequately guarantee the right to justice, security and legal materiality, since the rigidity of the norm renders ineffective the criminal law, implicit in the penalty of fine, revealing wisps of impunity and regulatory confrontation.Item Constitucionalización jurisprudencial del principio de planeación en la contratación estatal en Colombia(Universidad Santiago de Cali, 2019) Ortega Portillo, Martha Cecilia; Bolaños Bolaños, Lucia del CarmenThe purpose of this article is to determine the constitutionalization of the principle of state planning, based on the decisions of the Constitutional Court and the Council of State in Colombia. For this, from a dogmatic and hermeneutical analysis, the theory of principles in law and the phenomenon of constitutionalization are described; Next, the planning principle in state contracting is analyzed, and finally a jurisprudential line is built on the planning principle in state contracting from the provisions of the Constitutional Court and the State Council.Item Contratación de entrenadores en institutos deportivos departamentales: ¿desconocimiento del principio de primacía de la realidad sobre las formalidades y vulneración de derechos laborales?(Universidad Santiago de Cali, 2019) Suarez Montoya, Nury Deisy; Molina Hincapié, SergioIn this article the objective was to establish to what extent the form of recruitment of sports coaches who provide their services to departmental sports institutes ignores the principle of primacy of reality over formalities thus violating their labor rights. To achieve this, four actions were carried out, first, the different modalities of personnel hiring in the public administration were exposed; second, the characteristics of the principle of primacy of reality within the Colombian legal framework were presented; third, it was identified as an example the way in which the coaches have been hired by the Departmental Sports Institute of Valle del Cauca; and, fourth, the way hiring coaches was evaluated by those of departmental sports institutes for stable if in fact it does not know or not the principle of reality and violates their labor rights. Finally, it is concluded that some sports institutes are violating the rights of their coaches by not contracting according to what Colombian regulations require; this leads to these institutes distorting the form of hiring, generally in search of certain economic advantages that could represent greater profits; however, they run the risk of incurring economic expenses generated by fines and indemnities, as a consequence of not acting in accordance with the provisions of the lawItem Análisis desde el derecho comparado, la discapacidad de personas en Colombia, Chile y Argentina(Universidad Santiago de Cali, 2019) Domínguez Duran, Daniel; Hoyos Hernández, Éibar ElíThe International Convention on the Rights of Persons with Disabilities CIDPD, changed the paradigm of the legal capacity of persons with disabilities, incorporating them from Human Rights, where they include the essential values of human dignity, personal freedom, equality and force inclusion Social; a new legal-normative development begins. In this process, legal hermeneutics is used as a research method, identifying and interpreting the regulations and legal framework of Colombia, Chile and Argentina. The article aims to analyze from the comparative law that allows comparisons, transplants or receptions, the legal capacity regulated by the Civil Codes of Colombia, Chile and Argentina, which lead to the recognition, which has not yet happened, of the full legal capacity of the disabled in the legal framework of these countries and express whether the Laws issued are effective and allowed the disabled, have full legal capacity, be holders and exercise their rights and obligations, as established by the agreement signed by Colombia, Chile and Argentina in respect to Human rights. Colombia, after many years, managed to issue the law adjusted to what was agreed in the Convention. By not expressing the law of Chile and Argentina these changes, the international agreement is contravened, the constitutionality block and therefore the national constitutions are violated.Item legitimación e interés de los terceros relativos en la acción de simulación contractual en Colombia(Universidad Santiago de Cali, 2019) Arias Correa, Carlos Eduardo; Hernández Mahecha, Héctor HernandoThis article seeks to make understandable the thesis that material presuppositions of legitimation in the cause and interest in the contractual simulation action in Colombia, have migrated, although not in a sufficiently clear way, in the direction towards the protection of the rights of non-celebrants but affected by the contract, known as relative third parties. For this purpose, the contours of the simulation action are analyzed from the doctrinal and jurisprudence, contrasted in three relevant cases, such as: I) spouse or partner; ii) child support creditor and; iii) business partner. In the analysis of the information, the hermeneutical methodological approach is used, in synchrony with the tools of decisional coherence and dynamic analysis of the jurisprudence raised by Diego López Medina. Finally it is concluded that the jurisprudence should leave behind the confusing use of the category of interest in the action, to specify it and subsume it in the legitimation in the case, so from such conceptual clarity, the rights of the relative third parties will be better guaranteed.Item La aplicación de la descentralización en el Municipio de Santiago de Cali: a propósito de los antecedentes históricos(Universidad Santiago de Cali, 2019) Cabezas Ortiz, Bairon Guillermo; González Sevillano, Pedro HernandoThe following proposal aimed to analyze and apply the decentralization of a municipality, in the recognition of the historical background applied in Colombia, highlighting in a legal, jurisprudential analysis the theoretical framework by which these actions are taken into account as governance measures evoked towards autonomy and close contact between citizens and the state. Therefore, it is the characteristic of the norm and the general dispositions among the principles of the states of the nation, where the political constitution is the main guarantor of the parameters for the benefit of Colombians. In turn, the specific study of the city of Cali, highlighting the principles of administrative communication, the view as an alternative towards autonomy and exaltation of the activities of the region. This is the result of a system of collective government, where the popular election converges as an instrument of democratic dialogue. Finally, see through time the proposals, the indicators and the situation in which the city of Cali is located and the decentralization