Derecho - Palmira
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Item Los Retos De Las Personas Discapacitadas En Un Proceso De Sucesión Notarial En La Ley 1996 De 2019.(Universidad Santiago de Cali, 2023) Beltrán Pastes, Yenifer Yisel; Benavides, Guillermo A (Director)The effectiveness of a social state based on the rule of law lies in providing and guaranteeing to society the development of its goals as established in the political constitution, and one of these ways of doing so is the recognition of the legal capacity of persons in a situation of disability, the above, was materialized in the law 1996 of 2019 that brought many benefits to disabled people, but at the same time generates concerns about the lack of knowledge of rights to disabled people in the succession process by notary, which deserves to know and identify reasons in favor of the law 1996 of 2019 and reasons against in the development of a succession process by notary.Item Ensayo Acceso A La Internet Como Derecho Fundamental Para La Construccion De La Ciudadania Digital.(2023) Ramirez Galindo, Mario Alejandro; Sinisterra Quintero, Juliana (Director)The purpose of the following article falls on the analysis of internet access as a fundamental right in a nascent status, from the analysis of the social, economic and political situations that develop in the Colombian population, seeking support in various constitutional, doctrinal, and judicial theories and legal systems, in order to study in depth the relevance of the internet and access to it within the Colombian legal system and how information technologies have managed to modify not only the way people relate to each other but also access to the justice, the delivery and development of it, for the realization of this has been raised as a general objective to analyze the impact that the internet has achieved in the various interaction processes in society that has facilitated relationships between people, and based on The development of three chapters focused on solving this problem.Item Tipos De Contratación Pública: Contrato De Consultoría En Colombia.(Universidad Santiago de Cali, 2023) Ramírez López, Juan Felipe; Idrobo Enríquez, Emilio José (Director)The jurisprudence is considered as a formal and material source of law, hence its binding force in the decisions of the judicial and administrative authorities. It should be noted that the binding jurisprudence regarding the extension of administrative jurisprudence is one that meets the requirements established in Law 1437 of 2011, in order to achieve judicial decongestion and the protection of important values of the legal system, as well as equal treatment and legal certainty in matters of administrative litigation.Item Prevalencia De Los Derechos De Los Niños.(Universidad Santiago de Cali, 2023) Ortiz López, Sebastian; Giraldo Ángel, Laura Andrea (Director)Item Análisis Jurisprudencial Sobre El Debido Proceso Aplicado En El Régimen De Propiedad Horizontal.(Universidad Santiago de Cali, 2023) Tabares Holguín, Ricardo; Alarcón Peña, Andrea (Asesor)This Essay has been developed to identify the errors inherent to the sanctioning procedure in which the administrative bodies incur and in which all persons subject to the Horizontal Property Regime are involved, which affect the fundamental right to Due Process under penalty if not corrected Therefore, the present jurisprudential analysis has an explanatory approach to the cases that have been presented in which normative guidelines of Constitutional scope on a Due Process applied to the Horizontal Property Regime are breached. To develop the present work, an analysis of the jurisprudence has been carried out, reviewing all the existing sentences in the matter, which are correlated with the same legal problem presented, to finally make the pertinent conclusions with a comprehensive proposal of solutions that correct the errors presented. within the sanctioning procedure of the Horizontal Property Regime and foresee a violation of due process due to non-compliance with it.Item Ejecuciones Extrajudiciales En Colombia.(Universidad Santiago de Cali, 2022) Cruz Sánchez, Michelle; Giraldo Ángel, Laura Andrea (Director)This project wants to determine the responsibility of the public force and the Colombian state of executions that were articulated and systematic. The normative framework, the 1991 constitution represents a dogmatic change because it allowed to leave the vision of a state as the center of everything and creates the anthropocentric vision that places people in the center, in addition to establishing limits to the state and its powers. in order to generate recognition of human rights. This conflict deserves all the attention, compilation, analysis, in addition to discussing current and previous research in the field, being a situation of more than 50 years, because whoever does not know its history can obviously repeat it.Item En Colombia, ¿hay responsabilidad social o gubernamental en aceptar la diversidad de familias diversas?.(Universidad Santiago de Cali, 2023) Magón, María Elena; Giraldo Ángel,Laura Andrea (Director)Item Colombia Dejando Atrás Un Sistema Inquisitivo.(Universidad Santiago de Cali, 2023) Chico Santacoloma, Maria Del Mar; Giraldo Ángel, Laura AndreaItem La Apolitización Y Restricción Del Voto De Las Fuerzas Públicas-Armadas En Colombia Como Fundamento Para Salvaguardar El Estado Democrático.(Universidad Santiago de Cali, 2022) Martinez Robayo, Alejandro; Riascos Ceballos, Jose Luis; Giraldo Ángel, Laura Andrea (Director)Constitutionally, the public forces are prohibited from participating in the political life of the country in pursuit of the democratic principles of a social State of law, thus in article 2019 of the Political Constitution of 1991 of Colombia it limits the democratic and electoral rights of the members of the public force following the model implemented since 1932 by President Olaya Herrera. Among some arguments in favor of the apoliticization of the public forces is the neutrality that they must maintain so as not to be deliberate or disproportionate in the social debate to guarantee legal security and public safety; however, this work seeks to question the need for the limitation imposed on the public force, and if it is really proportional and fair taking into account constitutional principles, just as other legal systems that do accept the political participation of the forces can be reviewed. public, coming to safeguard their fundamental and human rights such as equality and free development, it is pertinent to ask if it is coherent that a democratic State violates the political participation of a citizen arguing the nature of his professional activity such as being a member of the armed public forces?Item La Ética Ante Los Retos Digitales Del Sistema Judicial(Universidad Santiago de Cali, 2023) Rentería Viveros, Jaime Eduardo; Celis Correa, Jorge Alberto (Director)Item Límites Y Alcances Del Control De Convencionalidad Del Sistema Interamericano De Derechos Humanos En El Derecho Interno Colombiano.(Universidad Santiago de Cali, 2023) Vélez Páez, Hernán David; Giraldo Ángel, Laura Andrea (Director)This investigation establishes the legal scope of conventionality control regarding the decisions taken by the Inter-American Court of Human Rights in Colombian domestic law through the characterization of the Inter-American Human Rights System, the study of conventionality control and the doctrinal examination and jurisprudential control of conventionality regarding the decisions of the Inter-American Court in Colombian domestic law.Item Cambios Del Régimen Disciplinario En Colombia Introducidos Por La Sentencia Petro Vs Colombia De La CIDH: Control De Convencionalidad Y Derechos Políticos.(Universidad Santiago de Cali, 2023) Ríos Rengifo, Heidy Johana; Giraldo, Laura Andrea (Director)What they have called - or can be called - the Petro Case is, in evidence, the practical result of the lack of adaptation of the Colombian regulatory system to the inter-American regulatory system. The Political Constitution of 1991, as well as our legal system, in some of its sections does not conform to the American Convention on Human Rights, this is the whole problem and no other. Now, in a democratic, participatory and pluralist State, the different interpretations and approaches of the Petro Case must be respected, we cannot forget that we are, at least formally, in a social State of law. And it is logical that the political-social vision of this issue is the one that most attracts public opinion and is the one presented by the media. However, this perspective of the Petro Case is just the one that will be avoided, to address it from the legal perspective, given that legal scholars must be objective, independent and impartial when assessing the violation or not of a right. human. It should be stated that the Petro Case could also be titled, among others, Alonso Salaza or Samuel Moreno Rojas or Jorge Iván Ospina or Cielo González, because it cannot be forgotten that the Attorney General's Office has imposed the sanction of dismissal, suspension and disability various officials elected by popular vote, such as governors, mayors and congressmen. It is also observed that his disciplinary power has been exercised not only against a single political party or model of thought, which would also be irrelevant for the legal analysis that we propose, as well as the political, social and ideological qualities of Gustavo Francisco Petro Urrego. . The issue to be analyzed is whether or not the power of the attorney general of the nation to dismiss and disqualify a public official elected by popular vote is contrary to the American Convention on Human Rights.Item El Derecho De Herencia De Hijos De Crianza En Colombia.(Universidad Santiago de Cali, 2023) Marín Álvarez, Estefanía; Giraldo Ángel, Laura AndreaFor this work, a critical and thorough reading of doctrine in general was carried out, such as scientific articles, degree works, books, among other research products, in order to develop the legal considerations that exist today about the foster family that has been developing. from the Colombian jurisprudence of the Constitutional Court as a form of adaptation of the law to the new social realities that arise from the interaction of people where there is a will over all adults who assume a voluntary responsibility to raise, care for, protect and guarantee everything to a minor just as if he were a natural or legal child, that is, through biology or through the figure of adoption. That is why in this essay to opt for the title of lawyers, the subject is developed in sub-headings, first the concept of the foster family will be discussed, then the right of inheritance that foster children have and how it is relationship with foster children.Item Naturaleza De Los Delitos Informáticos Y Algunos Ordenamientos Jurídicos.(Universidad Santiago de Cali, 2023) Micolta Perlaza, Edinson; Hernández Hernández, Margarett Paola (Director)Item Análisis De Las Disposiciones Normativas Contenidas En La Ley 1480 Del 2011 Y Las Orientaciones Dadas Por La Superintendencia De Industria Y Comercio, Que Buscan Proteger A Los Consumidores Colombianos De La Publicidad Engañosa Generada En Redes Sociales En El Periodo 2020.(Universidad Santiago de Cali, 2022) Ruiz Pérez, Andrés; Misas Caicedo, Alexandra; Escobar Ospina, Carlos Andrés (Tutor)This article conducted at the Faculty of Law of the Universidad Santiago de Cali, will analyze how effective is the Guide adopted by the Superintendence of Industry and Commerce, product of the latent need to protect the rights of consumers as a result of the marketing of products and services generated in social networks. In that sense, many merchants, faced with the need to position themselves in the market and generate a large number of sales, turn to digital influencers as a powerful marketing strategy. In that order of ideas, the role played by the Colombian State in the protection of consumers, the power of the Superintendence of Industry and Commerce to inspect, monitor and control, according to Law 1480 of 2011, will be studied, in addition the degree of enforceability of the Colombian Guide of good practices in advertising through influencers on social networks will be analyzed, taking into account that the Colombian State urges advertisers and influencers its application to avoid the violation or threat to the rights of consumers. This arises because many influencers when promoting products or services in their social networks, do not verify the quality of the same and have generated misleading advertising, such is the case of the model Elizabeth Loaiza Junca in which she recommended in her social network Instagram a rapid test for the detection of the virus Covid 19, which was not in accordance with the material reality of the product, as will be studied in the development of this writing.Item Efectividad De La Defensa De Un Apoderado Sin Reconocimiento Económico.(Universidad Santiago de Cali, 2024) Sanchez Calero, Yeraldin; Gaviria Gaviria, Jinneth Elena (Tutor)Item Análisis Jurisprudencial Del Valor Probatorio De Capturas De Pantalla De Redes Sociales En Procesos Penales De Estafa: Una Revisión De Decisiones De Las Cortes Y Juzgados Del Valle Del Cauca(Universidad Santiago de Cali, 2024) Angulo Candelo, Vanessa; Salazar Tascon, Tatiana Andrea; Ospina Molina, Pablo Sergio (Tutor)The article analyzed the evidentiary value that the high courts and the courts of Valle del Cauca granted to screenshots of social networks in criminal proceedings of fraud. The legal research used the analytical method of jurisprudence to identify how digital evidence, including text messages and screenshots from WhatsApp, Facebook and Twitter are valued in the Colombian legal context. The results showed that “Law 270 of 1996” established the authenticity of digital evidence and its evolution from the detailed review of laws has highlighted the importance and impact that WhatsApp screenshots can have in the resolution of criminal proceedings, “Law 527 of 1999” regulated data messages and their requirements to be legally valid, and “Law 1564 of 2012”, which issued the General Code of the Process, allowed the evidentiary valuation of text messages, that is to say that although as a result of these have been valued only as circumstantial evidence at present, since Law “1564 of 2012” they are already valued as documentary evidence. It was concluded that screenshots can be used as evidence if they are considered with caution and supported with expert opinions. Jurisprudential evolution has made it possible to assess this evidence by applying rules of sound criticism, reliability and authenticity. In fraud proceedings, screenshots can demonstrate relevant transactions and communications, but courts must carefully assess their integrity and authenticity to ensure their legal validity.Item Análisis Jurídico De La Responsabilidad Civil En El Transporte Aéreo En Colombia.(Universidad Santiago de Cali, 2024) Borja Martínez, Yamit Farid; Peña Cuervo, María Isabel (Tutor)Item Análisis Jurisprudencial Sobre La Presunta Vulneración Del Derecho A La Inviolabilidad Del Domicilio De Las Personas Al Ingreso De Los Agentes De Policías Sin Orden Escrita Contemplado En El Código Nacional De Policía Y Convivencia -Ley 1801 De 2016-(Universidad Santiago de Cali, 2024) Maldonado Maldonado, Stwe Yesid; García Gómez, Jainer Enrique (Tutor)This article addresses matters concerning the integrity of the residence and the means of police control, which aims to understand why the current State Police Law (Law No. 1801 of 2016) allows entry to residences without a written order. to the number of residents in the area. It is limited. According to articles 28 and 32 of the political constitution, it is harmful for police authorities to be empowered to enter a residence without taking into account the consent or refusal of the owner or occupant for the same reason. The above is based on a qualitative and legal methodology through a hermeneutic method, to interpret and analyze the constitutional right of the inviolability of the home and article 163 of law 1801 of 2016 to know its effects and determine the vulnerability between them. . Furthermore, this research proposal follows a deductive order, since it starts from the review of international legal standards to internal ones to know their scope of protection and be able to determine the moment of violation by the article. Likewise, this work will expose a series of arguments that have appeared since the application of this standard, and will delve into the theoretical knowledge that regulates and protects this mechanism, both nationally and internationally. Considering that international law allows, through the instruments of Colombian law, to determine the correctness of the aforementioned norm and give it an application that corresponds to the comprehensive visualization of the powers and functions that the State forces must perform in relation to the citizens.Item Rutas Hacia La Paz Y Los Métodos Alternativos De Solucion De Conflictos En Colombia.(Universidad Santiago de Cali, 2024) Cortes Urbano, Nelffy Marcela; Escobar Ospina, Carlos Andrés (Tutor)Alternative Dispute Resolution Methods (ADR) are instruments that allow individuals to resolve disputes more quickly, economically and efficiently than traditional judicial procedures. In Colombia, their relevance has increased after the signing of the peace agreements, as they contribute significantly to the reconstruction of the social fabric and community cohesion in areas affected by the armed conflict. Through conciliation, mediation and other mechanisms, ADR not only resolves conflicts, but also strengthens dialogue, trust and the active participation of communities in the process of national reconciliation. This essay analyzes the crucial role of ADR in transitional justice, where it promotes restorative justice focused on reparations and forgiveness, essential elements for achieving lasting peace. It also examines the difficulties of the Colombian justice system, highlighting the inefficiency and high costs it faces, and how ADR can offer a viable alternative to improve access to justice and strengthen the rule of law.