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Item Desafios en la aplicación de medidad de seguridad en el derecho penal procesal Colombiano(Universidad Santiago de Cali, 2024) Seoane Ruiz, Ainoa; Gaviria Gaviria, Jinneth Elena (Directora)Item Implicaciones contractuales para la prestacion de servicio ante las entidades estatales de Colombia(Universidad Santiago de Cali, 2024) Calderon Ricaurte, Laura Carolina; Marín Abadía, Leidy Yobana (Asesor)Item El cambio del Código de procedimiento civil al Código procesal general y con él la conciliación como método de descongestionar.(Universidad Santiago de Cali, 2025) Mosquera Martinez, Juan Sebastian; Peña Cuervo, Maria Isabel (Directora)Conflict has been a constant throughout human history, manifesting itself from individual disputes to wars between countries. Although often perceived negatively, conflict can contribute to the creation of social norms, reduce tensions, and strengthen group cohesion. Therefore, social development depends more on the ability to peacefully resolve conflicts than on conflicts themselves. To this end, the judicial system emerged, where an impartial third party represents collective authority and decides disputes, replacing the rule of law. In Colombia, our judicial system made great progress; this marked a turning point. The Civil Procedure Code had some flaws, which invalidated and delayed our judicial system. Therefore, the legislator opted for a code that would encompass and decongest the ordinary justice system. From this, the General Code of Procedure was born or created, along with new forms and mechanisms for conflict resolution.Item Conciliación desde los tiempos de antaño con una visión hacia el futuro.(Universidad Santiago de Cali, 2024) Arias Londoño, Juan Angel; Escobar Ospina, Carlos Andres (Director)Item Los hechos jurídicamente relevantes en los delitos culposos.(Universidad Santiago de Cali, 2024) López Albornoz, Jean Carlo; Arcos Troyano, Jeffrey (Director)This article is the result of research aimed at establishing a substantive and procedural connection between legally relevant facts and negligent crimes. This approach allows us to understand the importance of having a factual and legal relationship between the LRFs and the crimes attributed to the defendant. In other words, it helps identify which facts are deemed relevant and require a detailed contextual description (such as time, manner, and place) in cases involving negligent or reckless crimes, ensuring consistency with what is outlined in our criminal code Law 599 of 2000 and governed by Law 906 of 2004. Specifically, this refers to Articles 288 and 337, which address the content of the indictment and the formal accusation document, respectively. These provisions highlight the need for a clear and concise relationship between LRFs in comprehensible language, posing a significant challenge for the Prosecutor General's Office when describing these facts, particularly in cases of negligent crimes. It is important to note that negligent crimes in criminal law refer to offenses arising from reckless or careless behavior. This creates a unique challenge for the prosecutor, who must not only describe the LRFs connected to the charged crime but also clearly outline the negligent nature of the behavior being punished. This means that facts or circumstances cannot simply be assumed or implied under the guise of being self-evident. Instead, this detailed description must ensure procedural fairness by aligning the described LRFs with the charges brought against the defendant. This alignment allows the accused to properly exercise their right to defense.Item Ensayo: la impunidad derivada del hurto simple en el sistema penal oral acusatorio.(Universidad Santiago de Cali, 2024) Erazo Camacho, Yudy Alejandra; Arcos Troyano, Jeffrey (Director)In the criminal jurisdiction there are latent problems, judicial congestion and impunity are the keys to understanding why the approach of criminal policies introduced by governments do not reduce these problems, therefore this research work extrapolates the different considerations of the doctrine and jurisprudence, covering these problems to try to lead the reader in the direction of understanding how governments should lead their criminal policy in order to reduce social conflict, which ultimately is the source of impunity and therefore of judicial congestion, and thus show that it is not the Oral Accusatory criminal system that causes impunity as most administrators. In this essay will be questioned some important aspects of the Oral Accusatory criminal system in order to find a pragmatic solution to decongest the criminal courts in Colombia.Item Transgresión de los principios de transparencia, economía y responsabilidad en la contratación pública en Colombia caso: ptar palmira(Universidad Santiago de Cali, 2025) Quiñones Nuñez, Eduardo Jose; Ramirez Muñoz, Rafael Alberto (Asesor)Item El procedimiento administrativo en la gestión pública y protección del interés público en Colombia.(Universidad Santiago de Cali, 2025) Gaviria Mora, Danna; Peña Cuervo, Maria Isabel (Directora)This paper analyzes the role of administrative procedure in public management and its relevance for protecting the public interest in Colombia, based on legal and jurisprudential developments from 2020 to 2025. Five core principles are examined: legality, due process, efficiency, transparency, and the prevalence of the public interest, highlighting how they have been developed by the Constitutional Court and the Council of State. The study also addresses the digital transformation of administrative procedures resulting from the COVID 19 pandemic, evaluating regulatory progress, implementation challenges, and judicial oversight. The research concludes that administrative procedures not only ensure state efficiency but are also essential for safeguarding citizens’ rights and fostering legitimate, accountable, and democratically controlled public governance.Item Afectación de los derechos de los vendedores informales de Santiago de Cali zona centro por la regulación del espacio público establecido en la ley 1801 de 2016(Universidad Santiago de Cali, 2025) Díaz Vera, Ana Cristina; Ordoñez Vallejo, Daniel; González Sevillano, Pedro Hernando (Tutor)This study analyzes the impact of Law 1801 of 2016, known as the National Code of Police and Coexistence, on the fundamental right to a minimum standard of living for informal vendors in downtown Santiago de Cali. Using a socio-legal and hermeneutic approach, the research examines how the enforcement of this law—intended to regulate the use of public space—has disproportionately affected historically vulnerable populations. Informal commerce is explored not as unlawful behavior, but as a survival strategy in the face of structural poverty. The paper discusses tensions between public order and fundamental rights, including the rights to work, health, education, and housing. The study includes normative, jurisprudential, and contextual analyses, as well as an evaluation of the vendors’ resistance and adaptation strategiesItem El uso del lenguaje inclusivo y la perspectiva de género en la legislación colombiana(Universidad Santiago de Cali, 2024) Mosquera Hoyos, Alix Tatiana; Marín Abadía, Leidy Yobana (Asesor)In this ess"In this essay, the aim is to explore 'what implications the use of inclusive language and gender perspective have in Colombian legislation,' addressing this topic from its origin, importance, applicability, and regulation in the country. It takes into account that different themes converge in this issue, such as respect, inclusion, human dignity, and equality before the law. Furthermore, it analyzes the problem surrounding whether the use of inclusive language contradicts linguistic norms and the principle of linguistic economy or if, on the contrary, the use of inclusive language and gender perspective should be implemented in Colombian legislation. This analysis will be carried out in light of ruling T-344 of 2020, in which the Constitutional Court ruled on the matter and concluded that when making legal decisions, it is of utmost importance to include the gender perspective, acknowledging that there are economic, social, biological, and psychological conditions that place women in a position of inequality compared to men. Regarding the use of inclusive language, the Court stated that, in principle, all judicial decisions enjoy constitutional guarantees that allow the inclusion of all social groups without any discrimination, thus ensuring the protection of the fundamental rights of all social groups. Under this postulate, it is necessary to avoid double gender mention, as it is considered unnecessary, since the use of the gender perspective and the principles enshrined in the Constitution already provide a guarantee when making decisions.Item El ánimo conciliatorio estatal: un estudio de caso del INPEC frente a las acciones de reparación directa y de repetición para el periodo 2024(2025) Cardozo Duque, Adrián Esteban; Peña Cuervo, María Isabel (Directora)Item Retos de los trabajadores digital ante la figura sindical(Universidad Santiago de Cali, 2023) Gomez Sanclemente, Andres Felipe; Higuera Salinas, Héctor Walter (Director)This document responds to the interest in understanding the role of digital workers in the face of the union figure as a mechanism to promote compliance with labor legislation regarding the work modality to which these workers are subject. To this end, the theory and regulations regarding the types of contracts established in the Substantive Labor Code are reflected, delving into those established in Bill 190 of 2019, on economically dependent digital work. It also addresses relatively recent movements that seek to consolidate the union figure for the digital worker, their impact and challenges in relation to current regulations. This is due to technological advances that have brought with them new work modalities, and countries like Colombia are still in a very premature process regarding legislative formalization in favor of those who offer their services in this work modality. For this reason, the formalization of the union figure is as uncertain as the legislation itself surrounding the economically dependent worker and as recent as the digital work modality itself.Item Diferencias entre los regímenes patrimoniales de la sociedad conyugal y el matrimonio(Universidad Santiago de Cali, 2025) Muñoz hoyos Ivan Hernando; Gaviria Gaviria, Jinneth Elena (Directora)Item El cambio del Código de procedimiento civil al Código procesal general y con él la conciliación como método de descongestionar(Universidad Santiago de Cali, 2025) Mosquera Martínez, Juan Sebastián; Peña Cuervo, María IsabelConflict has been a constant throughout human history, manifesting itself from individual disputes to wars between countries. Although often perceived negatively, conflict can contribute to the creation of social norms, reduce tensions, and strengthen group cohesion. Therefore, social development depends more on the ability to peacefully resolve conflicts than on conflicts themselves. To this end, the judicial system emerged, where an impartial third party represents collective authority and decides disputes, replacing the rule of law. In Colombia, our judicial system made great progress; this marked a turning point. The Civil Procedure Code had some flaws, which invalidated and delayed our judicial system. Therefore, the legislator opted for a code that would encompass and decongest the ordinary justice system. From this, the General Code of Procedure was born or created, along with new forms and mechanisms for conflict resolution.Item Impugnación de laudos arbitrales laborales en Colombia: Criterios de control judicial y seguridad jurídica(Universidad Santiago de Cali, 2025) Rodríguez Gómez, María Camila; Peña Cuervo, María IsabelJudicial review of labor arbitration awards in Colombia is exercised based on criteria strictly limited by Law 1563 of 2012, which seek to preserve legal certainty and guarantee respect for due process. Judges cannot review the merits of the dispute decided by the arbitral tribunal, but must adhere to legal grounds for annulment, such as exceeding their functions, violation of procedures, or lack of justification. The jurisprudence of the Constitutional Court and the Supreme Court of Justice has established that this review must be restrictive and exceptional, aimed at correcting irregularities that affect fundamental rights or public order at work. Thus, a doctrine has been consolidated that balances the autonomy of arbitration with the need for legal protection, ensuring the legitimacy of the mechanism as an alternative solution to labor disputesItem Eficacia del proceso civil colombiano tras el código general del proceso(Universidad Santiago de Cali, 2025) Cobo Bulla, Laura Tatiana; Peña Cuervo, María IsabelThis paper analyzes the effectiveness of Colombian civil proceedings since the entry into force of the General Code of Procedure (CGP), assessing whether the objectives of oral proceedings, speed, procedural economy, and access to justice have been effectively achieved. Using a legal-descriptive approach, it examines the main reforms introduced by the CGP, their impact on conflict resolution, and the challenges that remain in judicial practice. The study reveals that, although there has been progress in the regulatory structure and procedural culture, problems such as judicial congestion, resistance to oral proceedings, and unequal access to justice persist, especially in regions with structural limitations. It concludes that the CGP constitutes a valuable tool, but requires institutional adjustments and greater investment in training and technology to achieve its full effectivenessItem El arbitraje en los conflictos marcarios como mecanismo de resolución de conflictos dentro del fashion law y la propiedad intelectual(Universidad Santiago de Cali, 2025) Bueno Forero, Sofía; Peña Cuervo, María Isabel (Director(a))Fashion Law is an emerging area of law that comprehensively addresses the legal aspects of the fashion industry, including intellectual property, contracts, image rights, and unfair competition. Although not yet fully institutionalized in Colombia, this field has gained importance due to the need to protect intangible assets of brands, such as distinctive signs, designs, and reputation. In this context, trademark disputes such as the improper use of brands or product confusion have become increasingly common. In light of the slow and complex nature of ordinary judicial processes, arbitration has emerged as an effective, agile, and confidential alternative to resolve these conflicts. Its application in the fashion sector not only protects legal interests but also the public image of brands, which is crucial in this industry. This paper explores the potential of arbitration as a solution for trademark disputes within the realm of Fashion Law, comparing it with ordinary jurisdiction, reviewing relevant cases, and proposing strategies to strengthen its implementation in ColombiaItem La necesidad de tipificar el ecocidio en el derecho penal colombiano(Universidad Santiago de Cali, 2025) Ruiz Angulo, Miguel Ángel; Gaviria Gaviria, Jinneth ElenaItem Materialización efectiva de los derechos de las parejas del mismo sexo en Colombia(Universidad Santiago de Cali, 2024) Quiñones Quiñones, María Del Pilar; Muñoz Ramírez, Fabian EduardoIn this essay, the scope of equal rights for same-sex couples within Colombian territory was explained and analyzed, with the main objective being to identify the changes in legislation and the new jurisprudence that has been created following its approval. In the case of Colombia, the focus was on the development and recognition achieved through rulings issued by the Constitutional Court. One of the pillars in the recognition of same-sex families was Ruling SU214/16, which legalized same-sex marriage in Colombia. This ruling granted same-sex couples the same rights as heterosexual couples, allowing them access to marriage and its patrimonial and social benefits. Ruling C-683/15 also represented a fundamental milestone by allowing same-sex couples to adopt children, equating their rights with those of heterosexual couples. Legally, Colombia has been a pioneer in recognizing LGBTIQ+ rights in Latin America, with its legal framework adapted to the realities of same-sex families. However, the challenge of ensuring that these laws are translated into true social acceptance remains ahead. Educational institutions, health services, and other public spaces must adapt to these new family configurations to ensure that respect and equality are fully realized in the daily lives of these families. Finally, the work aimed to highlight and compare the reasons for discord in Latin American countries that have approved same-sex parenting and other related aspects in contemporary societyItem Aplicación de las decisiones judiciales en personas consideradas peligro para la comunidad en Colombia(Universidad Santiago de Cali, 2025) Lugo Isaza, Jhonatan; Gaviria Gaviria, Jinneth Elena