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Item Retos de los trabajadores digital ante la figura sindical(Universidad Santiago de Cali, 2023) Gomez Sanclemente, Andres Felipe; Higuera Salinas, Héctor WalterItem CASO MAPIRIPAN VS COLOMBIA:LA MASACRE Y LA VIOLACIÓN SOBRE LOS DERECHOS HUMANOS INTERNACIONALES.(Universidad Santiago de Cali, 2023) Velásquez Muñoz, Adriana Lucia; Santana Naranjo, NataliaIn this essay, we delve into one of the chapters of death and devastation that have marked our country's history for decades: the massacre in the municipality of Mapiripán, Meta. This act of violence was perpetrated by members of the United Self-Defense Forces of Colombia, with the alleged participation of agents of the Colombian state. As in other barbaric episodes committed by groups outside the law, we will witness how multiple rights are violated simultaneously in a single event, and how, unfortunately, children are among those affected.Item Diseño de un modelo ambiental de Vertimiento de Residuos domiciliarios para la empresa Aguas de Tumaco, Nariño 2022(Universidad Santiago de Cali, 2022) Churta Espinoza, Adila; Escobar Ospina, Carlos AndrésLaw 70 of 1993 is born from article 55 paragraph 1 of the political constitution of Colombia, on August 27, 1993 due to the struggles and proposals for changes of the Afro-Colombian people who demanded the recognition and guarantee of their cultural, political rights, economic and territorial due to discrimination and lack of participation in issues that concern them within their Afro-descendant communities. (Law 70/93, 1993) In this text, a general reflection was made about how effective Law 70 of 1993 is in Afro-descendant communities in Tumaco, Nariño. It is important to keep in mind that Hank Kelsen said that "the effectiveness of a norm can be measured by observing the effectiveness that it has on the behavior of the recipient individuals” (GARCÍA, 2015). In this order of ideas, to define the effectiveness of the law in question, a study was carried out on Auto 168/21, taking into account the relationship between legal norms and human conductItem Análisis de los límites de la indemnización en los transportes de carga terrestre automotor en Colombia(Universidad Santiago de Cali, 2020) Carvajal Salazar, Marisol; Marín Orozco, Sandra Liliana; Núñez Montes, José RodrigoThe main objective of this article is to determine elements of the legal effects of establishing compensatory limits of the liability of the automotive land cargo transporter based on the weight and / or volume of the cargo. For this, the regulatory elements in the civil liability insurance of automotive land cargo transport in Colombia are synthesized; In this order, the regulations applicable to the transportation of automotive land cargo are analyzed in order to establish the compensation limit that governs the eventual compensation to be paid by the automotive land cargo transporter in these cases and, finally, a jurisprudential line is constructed. around the most important pronouncements of the Supreme Court of Justice in the transport of automotive land cargo. Keywords: analysis, compensation limits, weight, volume and transportation of automotive land cargo.Item Análisis de la aplicabilidad de la Ley 387 de 1997 del desplazamiento forzado con respecto a la ley 1443 de 2011 en la ciudad de Cali entre los años 2011 y 2016(Universidad Santiago de Cali, 2020) Arias Muñoz, Ana Milena; Nuñez Montes, José Rodrigo (Asesor)In the historical context of Colombia, violence has sparked an internal conflict for over fifty years, which have involved different stakeholders that have been affected by armed clashes of the war living in different parts of the Colombian geography, and also by the displacement of the civilian population towards receiving cities, a situation that has become an instrument of political and military control by groups on the fringes of the law. This situation leaves as a result a large number of people who must overcome his condition of displaced and therefore go to the estates of the State to restoration of their violated rights. That is why this work assumes as object of study the analysis of the situation of displaced persons from the perspective of guarantees of rights promulgated by law 387 of 1997, in relation to the Act 1448 of 2011 in the city of Santiago de Cali, in the years 2011-2016. In correspondence with the analysis of applicability, firstly the impacts of social type of internal forced displacement defined then identifies legal and jurisprudential doctrinal development in the application of the aforementioned administrative function in the Law 397 of 1997, as well as evidence of the beginning of warranty in the procedure of their application. This research addresses the issue from a descriptive perspective covering the most relevant aspects of the functionality of the regulations with respect to the population in displacement condition.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 IsabelDespite 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 StellaIn 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 Custodia y cuidado personal de hijo menor de edad respecto a padres que se encuentran en diferente país(Universidad Santiago de Cali, 2020) Castañeda Hernández, Yudy Andrea; Cañas Suárez, Nini Johanna; Hernández Mahecha, Héctor HernandoThe current legal provisions of the civil Colombian right establish a regimen respect of the guard, custody and personal caring of the children. It presents as a right of the children and a duty of the parents or legal representative and it can be translated in the function by which the parents must bring up and educate their children. There are some current legal provisions that refer to this issue that belongs to family right. It is contemplated the case the children that were born in a married couple, free union, single mother in the case of parents are separated but they maintain their residence and the resident of the children in the national territory. Which is not explicitly exposed in the Colombian legislation is the case of personal custody of the minors when their parents are in different countries. This job has as objective to look for which is the legal regimen applied in the case of Colombian in the hypothesis raised.Item 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.