Derecho
Permanent URI for this collection
Browse
Recent Submissions
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 IsabelFashion 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 ElenaItem El Cibercrimen en Colombia: Retos del Derecho Penal frente a los delitos informáticos(Universidad Santiago de Cali, 2025) Bush Queeman, Hans; Gaviria Gaviria, Jinneth ElenaItem El Impacto del uso de la inteligencia artificial en los fallos judiciales en Colombia(Universidad Santiago de Cali, 2025) Meneses Agudelo, Leydy Johana; María Isabel, Peña CuervoItem Las nulidades en el proceso penal: Falta de regulación y riesgo para el debido proceso(Universidad Santiago de Cali, 2025) Giraldo Alfonso, Juan José; Gaviria Gaviria, Jinneth ElenaItem El uso del principio de oportunidad para la reintegración de jóvenes en conflicto con la ley penal en Cali(Universidad Santiago de Cali, 2025) Rodríguez Flórez, José Rolando; Peña Cuervo, María IsabelItem Migración y derechos humanos en Colombia: Una perspectiva causal y efectiva(Universidad Santiago de Cali, 2025) Muñoz Monsalve, Kevin Hassan; González Sevillano, Pedro HernandoThis article thoroughly explores the dynamics of migration in Colombia, both internal and external, and its implications on human rights. The text analyzes the fundamental causes of migration in rural and urban areas, the challenges faced by migrants regarding structural discrimination and access to basic services, and the psychological impact of displacement on families. Additionally, the Colombian legal framework is evaluated, highlighting both its advances and limitations, while comparing social integration approaches implemented in other countries with similar migratory experiences. Through a multidimensional approach, the article emphasizes the need for inclusive and coordinated public policies to improve the protection of human rights in this complex and ever-evolving migratory contextItem La subjetividad en la evaluación de criterios diferenciales en licitaciones(Universidad Santiago de Cali, 2025) Campo Obando, Karol Meliza; Ramírez Muñoz, Rafael AlbertoThis essay analyzes the subjectivity in the evaluation of differential criteria in public bidding processes in Colombia, especially when considering technical and experience aspects that could benefit specific bidders. Using a qualitative and documentary approach, various rulings from the Constitutional Court and the Council of State, as well as the regulations governing state contracting, are studied to highlight the risks that "custom-made specifications" pose to the principle of equality.This essay proposes a reflection on mechanisms to mitigate discretion in the preparation of tender documents and ensure effective competition, allowing active and direct participation for various private companies that include state tenders among their growth projectsItem Manifestación de la voluntad y el interés superior de los menores en etapa de primera infancia en los procesos de custodia(Universidad Santiago de Cali, 2025) Delgado Torres, Dana Marcela; Peña Cuervo, María IsabelThis article is an interdisciplinary investigation that briefly analyzes the cognitive, emotional, and psychological development of early childhood minors in custody processes in Colombia, considering that this stage of human development between 0 and 5 years of age implies a special condition of vulnerability as they are beings who, due to their biological, psychological, social, and legal immaturity, are mostly totally dependent on their parents or guardians and can be manipulated or coerced by their guardians, influencing the way they express their will . Despite the regulatory advances in the area of comprehensive child protection, gaps and practical difficulties persist when it comes to guaranteeing real and effective participation of the child at this stage.This article addresses key concepts such as the procedural capacity of the minor, the principle of the best interests of the child, progressive autonomy, and the processes of psychological and emotional development, which are fundamental to adequately interpret the manifestations of will of children in early childhood. It identifies the functions of family court judges, family defenders, family commissioners, technical teams composed of psychologists, nutritionists, social workers, and even educational personnel in their role as defenders and guardians of the rights of early childhood. Likewise, it studies jurisprudence that allows identifying the challenges faced by legal operators when trying to determine if minors are under the phenomenon of parental alienation and if the manifestation of their will has been expressed genuinely or if it has been influenced, coerced, or distorted by one or both parents, especially when there is rivalry between them. It also evaluates the actions of justice operators when identifying these disruptive elements in the expression of the early child's will and what actions they take to guarantee compliance with the principle of the supremacy of the child's best interests and their effective participation in decision-making that affects their life.The analysis is developed from an interdisciplinary perspective, articulating legal and psychological approaches to create strategies aimed at improving the mechanisms for assessing children's will and strengthening the work of family court judges and psychosocial teams in making decisions that directly affect the child's lifeItem Responsabilidad y sanción: Un estudio comparado entre el derecho penal y el disciplinario(Universidad Santiago de Cali, 2025) Paz Brand, Juan Pablo; Peña Cuervo, María IsabelThis essay analyzes, through comparative law, the fundamental similarities and differences between the disciplines of criminal law and disciplinary law. It begins with a chronological overview of the historical development of both branches, outlining their evolution and scope throughout the continuous development of Colombian law. Subsequently, it examines the convergences and divergences in procedural principles shared to some extent by both systems, focusing on a conceptual comparison that allows for the identification of commonalities and differences between the two. Thirdly, the essay offers a comparative analysis of how responsibility is treated in both criminal and disciplinary contexts, with particular attention to the procedural stages and the determination of the typicity and culpability of the subject. Through the development of this essay, it becomes possible to conclude why, despite both branches being part of the state's sanctioning system, they are governed by different principles and serve distinct purposes, even in the case of similar offensesItem Análisis de los acuerdos colusorios o de cartelización en las licitaciones públicas(Universidad Santiago de Cali, 2025) Quintana Hernández, Cristian Fernando; Ramírez Muñoz, Rafael AlbertoItem La carga dinámica de la prueba en la responsabilidad medica civil en Colombia: fundamentos y aplicación jurisprudencial(Universidad Santiago de Cali, 2025) Ortega Trujillo, Ivon Daniela; Peña Cuervo, María IsabelThis article examines the principle of dynamic allocation of the burden of proof in Colombian civil medical liability proceedings. Employing a qualitative documentary analysis methodology, it reviews the legal basis particularly Article 167 of the General Procedural Code and the main doctrinal perspectives on its origin and development. It also identifies and analyzes key judicial rulings illustrating how judges reassign evidentiary burdens to ensure material equality between parties in malpractice disputes. The study assesses the extent to which this mechanism enhances access to justice and offers recommendations for its proper application in civil mattersItem La aplicación del régimen disciplinario en Colombia entre la formalidad normativa y las falencias en la vigilancia del poder(Universidad Santiago de Cali, 2025) Ocampo Sarria, Karla Adriana; Peña Cuervo, María IsabelThe purpose of this research article is to analyze the application of the disciplinary regime in Colombia, highlighting its normative evolution and the structural limitations that persist in the effective oversight of power. Through a qualitative methodology based on the study of documentary sources such as doctrine, law, and jurisprudence, this work aims to conceptualize disciplinary law, explore its historical development, identify the main issues in the implementation of sanctions, and contrast the national situation with international control models. This analysis seeks to demonstrate how, despite legislative advances, shortcomings remain in the selective application of sanctions and the institutional weakness when facing political or economic power. Furthermore, it emphasizes the essential role of the disciplinary regime in strengthening a culture of public accountability and its preventive and corrective function in protecting the public interest, proposing recommendations to strengthen the autonomy and effectiveness of oversight bodies in Colombia. Likewise, a comparative approach is incorporated with some international experiences in disciplinary oversight, particularly with recommendations from organizations such as the Venice Commission and the Inter-American Court of Human Rights. These references allow us to identify minimum standards of independence, effectiveness, and transparency that should guide the strengthening of the Colombian system. Furthermore, based on this analysis, some proposals are put forward aimed at reconfiguring the disciplinary regime as a real tool of democratic oversight, beyond its legal formalityItem Análisis del tratamiento probatorio y el sesgo en la Procuraduría: Sentencia Petro vs Colombia(Universidad Santiago de Cali, 2025) Barrera Ocampo, Laura Marcela; Peña Cuervo, María IsabelThe disciplinary system in Colombia is designed to regulate the actions of public officials and citizens who perform public functions. Its goal is to ensure that duties are fulfilled and to punish any misconduct. Within this system, the Office of the Inspector General (Procuraduría General de la Nación) plays a key oversight role, with the authority to supervise, investigate, and impose disciplinary sanctions, as well as to protect fundamental rights. Law 1952 of 2019, which establishes the General Disciplinary Code, is the main regulation outlining offenses, their corresponding sanctions, and the procedures to follow. However, Law 2094 of 2021 introduced significant changes, strengthening the role of the Inspector General’s Office as both investigator and judge, which has sparked a strong debate about the balance of powers and due process guarantees. This legal and functional framework is essential to understanding the current dynamics and challenges of the disciplinary system in ColombiaItem Mecanismos de resolución de conflictos como estrategia para el acceso a la justicia de la población afrocolombiana del sur de Jamundi(Universidad Santiago de Cali, 2025) Rodriguez Carabali, Miguel Angel; Peña Cuervo, María IsabelThis essay analyzes conflict resolution mechanisms (CRMs) as key tools to ensure access to justice for the Afro-Colombian population of southern Jamundí, a region affected by exclusion, armed conflict, and structural inequality. From an intercultural justice and differential rights perspective, the study explores how CRMs —such as conciliation, mediation, community justice, and intercultural dialogue spaces— can be strategically used to strengthen community participation, peaceful conflict resolution, and the protection of rights. The paper also examines relevant national and international legal frameworks and the cultural, social, and territorial specificities of Afro-descendant communities. The essay concludes with concrete proposals aimed at fostering a more inclusive, participatory, and plural justice system