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Item Implementación y desarrollo de mecanismos alternativos de solución de conflictos en municipios post-conflicto en Colombia: perspectivas virtuales(Universidad Santiago de Cali, 2024) Ramirez Valencia, Maria Camila; Peña Cuervo, María Isabel (Director)Despite the existence of various alternative dispute resolution mechanisms (A.S.C.) in the Colombian legal system, their use is not frequent, since the majority of citizens prefer to resolve their disputes through traditional justice. However, the M.A.S.C. have emerged as an innovative and practical option, contributing significantly to decongesting the courts. To better understand their functioning and potential, it is crucial to carry out a detailed study of each of these mechanisms, since they have specific characteristics and functions. Furthermore, it is essential to explore how its implementation can benefit the country, especially in the post-conflict context, promoting a culture of peace and reconciliation in ColombiaItem Colombia, la tierra de los traficantes de niños aproximaciones a la mercantilización de la niñez y violación de sus derechos humanos(Universidad Santiago de Cali, 2023) Peña Viveros, Jhon Larry; Colmenares Torres, María del Pilar (Director)Item La relación entre el derecho a la propiedad privada establecido en el Artículo 58 de la Constitución Política y el no registro del título traslaticio del dominio en la oficina de registro de instrumentos públicos de conformidad con el Artículo 15 De La Ley 1579 De 2012(Universidad Santiago de Cali, 2024) Mejía Vanegas, Alejandro; Marín Ordoñez, Jennifer Stella (Director)In the development of professional practice, it has become evident that the party acquiring real estate, generally due to carelessness, does not carry out the corresponding registration of the public deed of sale, making the tradition of ownership impossible, even with fair title. This situation can affect rights such as human dignity, honor, good name and restrict the exercise of the right to private property. In this text a reflection will be made about this harmful situation for buyers. Demonstrating these difficulties, an approach is proposed that recognizes the dynamism of the law, such as the excess of manifest advertising, in response to the reality of society. A qualitative methodology was adopted, collecting data from secondary sources, such as searches in databases, public documents, web portals; It was subsequently analyzed for its content. In addition, important information from a real case was exposed, protecting your personal dataItem La rigidez del proceso de restitución de tierras entre víctima y poseedor(Universidad Santiago de Cali, 2020) Castañeda Tejada, Yorling Estefany; Higuera Salinas, Héctor WalterWith the implementation of transitional justice in Colombia, Law 1448 of 2011 is established, seeking to recognize the rights and guarantees of the victims of the armed conflict in order for the victims to claim their right to truth, Justice, land restitution and guarantees of non-repetition, entering into this context of ideas, we would like to highlight in this essay the process of land restitution in terms of the victim of forced displacement and the owner of the property, who is recognized in the process of land restitution as an opponent, who defends his rights to possession and fears for the lack of guarantees, and at the same time the rigidity that exists in the norm, which does not offer a balance of rights for both parties. Based on this tension we give way to the discussion of this essay.Item Cumplimiento de las obligaciones legales adoptadas por el Estado Colombiano a través de la ratificación del protocolo de Kioto(Universidad Santiago de Cali, 2020) Ohmen Sinisterra, Yery Jhoana; Cano Sterling, Andrés FelipeThe Kyoto Protocol is an international instrument whose main objective is to reduce the emission of greenhouse gases due to anthropogenic causes that affect the ozone layer and cause global warming; the latter brings with it adverse consequences for life on the planet such as the phenomenon of climate change, of which various international organizations, among which the Intergovernmental Panel on Climate Change, are already expressing concern. Colombia is highly vulnerable to this phenomenon because of its geographical location, highly fragile coastal ecosystems, tropical forests and the fact that it is mainly a developing country; for this reason it is essential for the Colombian State to comply with the obligations it acquires through international instruments such as Kyoto, since this will help it to counter early on the possible negative effects of the intensification of climatic events that could cause irreversible damage in the medium term. This investigation was based on an explanatory and deductive methodology, through which a study of the actions implemented to comply with the Kyoto Protocol was carried out and through this study it was deduced whether Colombia fulfilled these obligations.Item La ponderación entre justicia y paz en el proceso de justicia transicional(Universidad Santiago de Cali, 2020) Torres Meneses, Yeison Manuel; Higuera Salinas, Héctor WalterAfter overcoming many challenges and obstacles to achieve peace in Colombia, it is valid to affirm that theoretical and factual challenges remain to consolidate the objectives set out in the transitional justice process. One of these challenges is to overcome the tension that arises between justice and peace in a transitional justice process.Item Ineficiencia en la aplicación de comparendos por fotomultas en la ciudad de Santiago de Cali(Universidad Santiago de Cali, 2020) Ponte Obando, Yamile Isaura; Castaño Londoño, Paola AndreaItem El derecho a la justicia como pilar para la construcción de paz en tiempos de justicia transicional(Universidad Santiago de Cali, 2020) Saa Solís, Wilson Alberto; Higuera Salinas, Héctor WalterThe document makes a contribution on some essential foundations for building peace in the framework of the application of transitional justice processes, for this it is based on a fundamental pillar, on which an analysis based on its two main models of justice, according to the Colombian case, restorative justice. It allows us to understand justice, not as a repressive process by the State, it implies understanding the need for reparation to the victims, which in turn is the mainstay so that there is no impunity, it is the perfect foundation together with others, for the construction of a lasting peace, it is thus, as ultimately in the text the relevant aspects of restorative and retributive justice and its contribution to the innovative mechanism of resolve armed conflicts.Item Incumplimiento de los términos procesales por parte de la administración de justicia(Universidad Santiago de Cali, 2020) Echeverry Ruano, Wilmar; Giraldo Ángel, Laura AndreaFailure to comply with judicial terms seriously affects fundamental rights of those who come to the judicial system. Well, the Political Constitution of 1991, proclaims the right of access to justice effectively and, currently, it is common to see how in judicial offices the procedural terms established in the General Code of Process are breached, sometimes, without any type of legal justification or whatever the cause of the breach, they hide in that they present a large volume of work or point out that it is due to the behavior of the parties within the process. It is true that our Constitution provides for the right to prompt justice and establishes the procedure without undue delay as a guarantee of due process, but it did not establish the right to meet deadlines effectively. In other words, the right was established only for all processes to be resolved in a reasonable time, especially since there are also laws that proscribe all kinds of delays, such as Law 270 of 1996, Statutory Law of the Administration of Justice, which It contains several provisions that seek to give effect to the right of the judge to decide matters without undue delay. Thus, through judicial statistics from the Superior Council of the Judiciary, articles and truthful information from the legal community, we will demonstrate the constant violation of the right of access to effective justice by the administration of justice.Item Caducidad y prescripción de las multas de tránsito: Análisis conceptual(Universidad Santiago de Cali, 2020) Riascos Mosquera, Wilen; Castaño Londoño, Paola AndreaItem Derecho a la subsistencia digna y la seguridad social integral en Colombia: una realidad desde la perspectiva del trabajo informal(Universidad Santiago de Cali, 2020) Realpe Cerón, Viviana; Rubiano Ríos, Carolina; García Ramírez, Mayra AlejandraThe unnamed right to subsistence was born in recognition of the principle of interpretation of the Constitutional Court in connection with the fundamental right to life and human dignity, derived from the analysis of the Universal Declaration of Human Rights; in which essential necessity conditions for all citizens within the subsistence are reaffirmed, such as Integral Social Security, under the understanding of full citizen inclusion. For several decades Colombia has been the scene of constant transformations and socio-political and economic changes that have influenced the socio-cultural and economic development of the country, this reality has led to the increase in social differences, the lack of opportunities and greater inequality. In the quality of life of its citizens. The objective of this work is to analyze what is the right to subsistence and comprehensive social security from the perspective of the informal labor reality in Colombia according to national legislation and the jurisprudence of the Constitutional Court in accordance with the theoretical postulates of Amartya Sen & Martin Urquijo.Item Régimen de imputabilidad en la responsabilidad civil extracontractual del Estado(Universidad Santiago de Cali, 2020) Peña Cardozo, Viviana; Benavides Merino, José DavidThis document is the product of an investigative-argumentative essay-type work carried out with the motivation of a law student, to obtain the title of Lawyer. Although, in principle, the topic to be worked on was not totally clear, over time it was addressed and ended up in the question to be addressed in this section. With the origin of the Constitution of 91, in our country changes have been generated in the jurisprudence concerning the non-contractual civil liability of the State, thus including the different nominated causes, either in its direct or indirect jurisdiction; from which it is considered that this must assume the damages, which are composed of material damage and non-pecuniary damage. In addition to the above, it leads us to analyze and question ourselves, as has been the historical evolution of state responsibility from its beginnings to the present day, what changes have occurred in it; That is why, in this work, a specific question is answered based on the investigative investigation of bibliographic resources made by authors with expertise in the subject, in addition to a considerable own elaboration. To carry out the objective proposed in the work that revolves around the answer to the question posed, an argumentative-discursive order methodology was implemented throughout the writing, using detailed analysis of information as the main tool, as it allows direct contact with Regarding the study topic, it should be clarified that said analysis process was possible thanks to the documentary review of the national legislation and regulations that cover this question.Item Violación a la constitución política en proceso sancionatorio por multas de tránsito detectadas por medios electrónicos en Colombia(Universidad Santiago de Cali, 2020) Romero Vidal, Víctor Manuel; Castaño Londoño, Paola AndreaItem Eficiencia de la ruta para la protección de los líderes sociales, énfasis en el Municipio de Cali(Universidad Santiago de Cali, 2020) Naranjo Marín, Vanessa; Higuera Salinas, Héctor WalterAfter the submission of more than sixty years of armed conflict, Colombia has developed strategies for a full guarantee of non-repetition in addition to remedying the catastrophic effects caused by the armed confrontation, for which standards are created that guarantee the comprehensive attention, assistance and reparation of the victims of the Colombian internal conflict, forcing the territorial entities and State entities that make up the National System of Comprehensive Attention and Reparation for Victims to design Territorial Action Plans; As has been said and in compliance with the provisions, the municipality of Santiago de Cali, make up the Territorial Committee of Transitional Justice of Santiago de Cali with the technical support of the Ministry of the Interior and the Unit for the Comprehensive Care and Reparation of Victims of the Armed Conflict, who in turn, through the Secretary of Security and Justice together with the Undersecretary of Security Policy, design the emergency action team in order to guarantee timely attention to victims; The main action This team is activating routes for victims of the armed conflict, emphasizing the population of human rights leaders.Item Omisión del debido proceso en la prueba de alcoholemia como causal de la nulidad de la violación a la norma(Universidad Santiago de Cali, 2020) Astudillo Victoria, Tania; Castaño Londoño, Paola AndreaItem La implementación de la catedra de seguridad vial en los establecimientos educativos como una vía para crear ciudadanos conscientes y responsables(Universidad Santiago de Cali, 2020) Narváez Quintero, Stefani; Rengifo Muñoz, Carlos FedericoItem Contribución de la justicia restaurativa a la reintegración en actores del conflicto armado(Universidad Santiago de Cali, 2020) Orjuela Salazar, Santiago; Mena Montealegre, Isabel CristinaNext, an approach to the normative reality experienced by the actors of the armed conflict within the Colombian territory is presented because of the socio-political dilemma that has marked the history of this nation. For which, the scope of analyzing the contribution of restorative justice to the reintegration into actors of the armed conflict has been raised, where, imminently, in the face of fulfilling this task, the essay mentioned in the Argumentative Paradigm will be located, Well, although intrinsically in the thesis that there is an interest in the meaning of the legal framework and in the incidence of such impartiality in an event of reintegration into Colombian civil society, originated by the peace agreement signed between the government and the FARC, this is how arguments have been made that favor benefactor thinking in which support is generated for the restorative model posed by the State in order to build a stable and lasting peace. It has been detected in a peremptory way that before the reintegration processes that the State has been leading for years, the population involved in the armed conflict consents that there is no effectiveness in repairing their situation, it is how it is concluded that much of the country has poured their desire to support, directly, to give a livelihood not supported by revenge and punishment, but as by the reparative action where a direct communication channel is generated between the offender and the victim which allows the clarification of the truth, the integral repair and the guarantee of non-repetition.Item La Infabilidad de las pruebas periciales científicas y los errores en el sistema penal(Universidad Santiago de Cali, 2020) Alejo Ramos, Rolando Alonso; Murillo Amaris, EdwinItem La Limitación del dominio como referente de inembargabilidad de los fideicomisos civiles en Colombia(Universidad Santiago de Cali, 2020) Cano Gómez, Ricardo Antonio; Giraldo Ángel, Laura AndreaThis essay seeks to analyze the limitation of the domain as a reference of non-seizure, for the specific case of the assets encumbered under the figure of the civil trust in the Colombian legal system, for this the documentary method is used, emphasizing the different positions on this legal figure contemplated in the Colombian Civil Code, the general Code of the process and other concordant norms, having a figure that has been used since the issuance of the Civil Code in Colombia, being well regarded by those who wish to protect their assets.Item Las limitaciones normativas del derecho de receso en la Sociedad por Acciones Simplificada (SAS) en Colombia(Universidad Santiago de Cali, 2020) Álvarez Linares, Patricia Adenis; Castaño Londoño, Paola Andrea