Documentos especialización Derecho 2024
URI permanente para esta colección
Examinar
Examinando Documentos especialización Derecho 2024 por Título
Mostrando 1 - 20 de 36
Resultados por página
Opciones de ordenación
Ítem LOS ACTOS ADMINISTRATIVOS DE CARÁCTER MIXTO EN EL ORDENAMIENTO JURIDICO COLOMBIANO A PARTIR DE LA LEY 1437 DE 2011(Universidad La Gran Colombia, 2021-03-11) HERNÁNDEZ ROMERO, NICOLAS; HERNÁNDEZ SEGURA, LILIAM PAOLA; COLMENARES ARDILLA, JENIFER; ZEBALLOS, ADRIAN ALEXANDER; ZEBALLOZ, ADRIAN ALEXANDERThe administration is pronounced through administrative acts which create, modify or extinguish legal situations for the proper functioning of the administrative function, which is contemplated in article 209 of the Political Constitution, since the public servant when expressing the will of the Administration must be governed by the principles of equality, morality, efficiency, economy, speed, impartiality and publicity. otherwise, it would be violating the essential purposes of the State.Ítem ALCANCE Y LIMITACIONES DE LOS DSR DE LAS NIÑAS Y LAS ADOLESCENTES(Universidad La Gran Colombia, 2022) Acuña Suárez, Laura Fernanda; Quintero, CamiloAbstract Question: Is early voluntary intervention of pregnancy part of the Sexual and Reproductive Rights of Girls and Adolescents? Materials and Methods: Review of doctrine, jurisprudence, statistical data and academic studies related to the topic, applying the deductive method with a qualitative methodology. Results: In Colombia, the Sexual and Reproductive Rights of girls and adolescents are granted by the Political Constitution for their enjoyment and must be protected by the Colombian State. For this reason, when the Sexual and Reproductive Rights of girls and adolescents are violated, affecting their personal development and their life project, such as unwanted pregnancy, the State develops protection mechanisms that allow them to make the decision of voluntary intervention of pregnancy (IVE), under legitimate conditions and without exposing their lives.Ítem ANÁLISIS DE LAS ACCIONES DE CONTROL Y VIGILANCIA DE LA SUPERINTENDENCIA FINANCIERA DE COLOMBIA EN LOS PROCESOS DE COBRO A LOS APORTANTES MOROSOS QUE DEBE ADOPTAR COLPENSIONES(Universidad La Gran Colombia, 2022-07-18) Hernández Díaz, LILIANA; Zeballosf Cuathin, Adrian Alexander; Rodriguez, Luz BelkiThe purpose of this research proposal is to address an analysis of the applicability of administrative collection procedures by the Colombian pension administrator Colpensiones and the surveillance by the Financial Superintendence of Colombia over these administrators. Its analysis is based on a methodology focused on the line of research in the social context and human rights, from a qualitative approach through a deductive method between the normative framework of jurisprudence and the applicability of the actors involved in this study. The problem found refers to the few guarantees of acquiring the old-age disability or survivor's pension from the population that has met the minimum requirements established in the Law, due to the fact that its contributor to the general social security system in Pension is in arrears and the few guarantees that the taxpayer involved in administrative collection processes for non-due delinquent obligations and supported by the forms of monthly self- assessment of contributions to the pension system. This study is summarized in the fact that the constitutional rights to the pension in favor of members are not protected, nor does it protect the right to petition, the right to due process, the right to contradiction, defense, the right to equal opportunities in favor of the taxpayer who truly comply with their obligation to the integral social security system.Ítem APROXIMACIONES A LA FUNDAMENTACIÓN DE LA POLÍTICA CRIMANAL DEL TERRORISMO(Universidad La Gran Colombia, 2022) ALVAREZ, MARIO; GORDILLO, HERNAN; LUCERO, VICTOR; QUINTERO, CAMILO; QUINTERO, CAMILOThe neuralgic point of the current article has consisted in the study of scientific texts where the criminal policy of terrorism and some of its most relevant topics of discussion are treated. It follows that the constant use both in the international and national community is controversial, which leads one to think that it is a temporary tool to maintain investor confidence in the protection of private property and the axiom of safety.Ítem LOS BIENES INTANGIBLES DE PROPIEDAD INTELECTUAL EN SOCIEDADES DE ECONOMÍA MIXTA EN COLOMBIA(Universidad La Gran Colombia, 2023-08-09) LOPEZ PACHON, JONATHAN FERNANDO; FUENTES MANCIPE, MONICA MARIA; FUENTES MANCIPE, MONICA MARIA; FUENTES MANCIPE, MONICA MARIAThe commercial exploitation of the rights that fall on intangible assets in mixed economy companies in Colombia is a topic of great interest today, since these can constitute a means to achieve the provision of public services in the territories for the citizens. . However, the work of the State through the Congress of the Republic has left gaps that must be corrected in the face of the exploitation of this type of property, since the current regulations on the matter only contain some nuances but not a specific discipline to regulate the same. In this scenario, this article will aim to firstly identify the regulation of mixed economy companies, to later identify the role of intangible intellectual property assets within their capital and how they can be exploited for the provision of public service. of lighting as a case of interest from the point of view of state contracting. These purposes with the aim of answering that, although it is true, the commercial exploitation of these intangible assets for public law persons could not be commercialized for profit in accordance with the principles of public administration in favor of the general interest, although In private law, this possibility exists thanks to corporate figures such as mixed economy companies and decentralization for the provision of these services.Ítem CAMBIO EN LA SEGURIDAD SOCIAL FRENTE AL SISTEMA EMPLEADO POR EL SISBÉN IV(2022-02-19) GUERRERO, DANIEL; CHITIVA, JAIRO; MOJICA, DAYANA; VARGAS, IVANThe purpose of this research article is to determine the main changes, modifications and incidents brought about by the approval of COMPES 3877 of 2016, regulated by decree 447 of 2017, with respect to the implementation of the new identification system for potential program beneficiaries. (SISBÉN IV), specifically, in the subsidized health system, addressing social problems such as the high rate of unemployment in the country and the growing informality in employment. For this purpose, a succinct emphasis will be made on the background that created this social policy. Subsequently, the main characteristics of the SISBÉN III system and the justification for its change will be identified. Then, the innovation in the classification method that SISBÉN IV brought to allusion for the selection of beneficiaries in the subsidized health regime will be analyzed. And what is its applicability to people who work informally. Finally, the conclusions of the legal analysis carried out will be indicated.Ítem COLUSION EN LICITACIONES EN CONTRATCION PUBLICA(Universidad La Gran Colombia, 2023-07-03) PETRO, MARCELA; CALLE, CAROLINA; CALLE, CAROLINAThis article analyzes collusion in public procurement bidding processes and its consequences in the face of an administrative management that fights for transparency and efficiency in procurement processes for the benefit of the community in general. Little information is available about the actions that must be taken in response to suspicions of collusive conduct, as well as the reports delivered and the sentences that have been imposed for this practice. In Colombia there are no tools or mechanisms effective enough to combat it, with the results of this article the subject will be deepened and specific recommendations will be proposed for the improvement of bidding processes in public procurement in Colombia, transparency and efficiency are encouraged in the selection of suppliers and project spaces of healthy competition.Ítem COLUSION EN LICITACIONES EN PROCESOS DE CONTRATACION PUBLICA(Universidad La Gran Colombia, 2023-07-03) PETRO OTERO, MARCELA PETRO; CALLE, CAROLINA; CALLE, CAROLINAThis article analyzes collusion in public procurement bidding processes and its consequences in the face of an administrative management that fights for transparency and efficiency in procurement processes for the benefit of the community in general. Little information is available about the actions that must be taken in response to suspicions of collusive conduct, as well as the reports delivered and the sentences that have been imposed for this practice. In Colombia there are no tools or mechanisms effective enough to combat it, with the results of this article the subject will be deepened and specific recommendations will be proposed for the improvement of bidding processes in public procurement in Colombia, transparency and efficiency are encouraged in the selection of suppliers and project spaces of healthy competition.Ítem COMITÉ DE CONVIVENCIA LABORAL, UN MECANISMO DE PROTECCIÓN DESCONOCIDO(2022-04-21) MOLINA ORDOÑEZ, VIVIAN ROCIO; DIAZ QUIÑONEZ, JUAN DIEGOLabor harassment and its recognition as a problem in the field of labor relations was conceptualized from the 80's, until it was structured in Colombia in 2010, since our country was no stranger to this phenomenon and continues to be present in the world of work, being necessary to proceed to its regulation, to be used as a tool for both companies and workers, in order to seek limits and the eradication of situations that are framed in behaviors considered as harassment at work for the standard; Hence the importance of knowing the protection mechanism that allows, prevent, correct, conciliate and bring a healthy work environment free of harassment in the companies and the aspects related to labor harassment, so that this is not unknown to workers, and additionally that it would be effective to resolve the conflicts that arise.Ítem LA CORRUPCIÓN Y SUS DELITOS(Universidad La Gran Colombia, 2022-10-20) HERNANDEZ CHAUX, MAURICIO FERNANDO; CACERES, VICTORCorruption is one of the phenomena that have decisively marked the history of our country, but also the way we live. It affects all levels of institutionality and all regions without exception. This phenomenon has been the cause of countless social, political and economic problems, thus creating serious conditions of inequality and poverty. This is due to the mass diversions of money, but also the diversion of power contrary to the general interest of the country, in which important organs of the State have also been shown to participate. Basically, they take advantage of their political position, to satisfy personal interests, such as their wealth, improve their social status or obtain a better job. Therefore, it is necessary to carry out an analysis of the current regulations, with respect to the sanctions imposed on public officials elected by popular vote, such as mayors and governors, who commit crimes associated with acts of corruption, also, to observe what benefits these people or public officials have, which in some cases lead to this type of crimes linked to corruption being left unpunished.Ítem Entre el dolo eventual y la culpa con representación en accidentes de tránsito. Análisis de los conceptos desde la jurisprudencia de la Sala de Casación penal de la Corte Suprema de Justicia.(Universidad La Gran Colombia, 2022) Mojica, Ricardo; Yisela, Cárdenas; Oviedo, IslenAbstract. The purpose of this work is to understand or approach the understanding of the concepts on which eventual fraud and guilt with representation are based. It is an approximation, from the point of view of the jurisprudence of the Criminal Cassation Chamber of the Supreme Court of Justice. On these two points which have generated countless investigations and mentions, since there is such a thin line in the interpretation of both. It is essential to know different points of view in this regard. It is evident that the study of this topic becomes too complex for those who understand that trying to analyze the subjective part of a subject's action to delimit their intention against a fact seems impossible. Therefore and without sounding pretentious, it is aspired, through this article, to generate an approach on the subject. Which allows, in a simple way, understand the differences that distance one and the other. The qualitative method will be used, based on a type of exploratory and descriptive research, in which the tendency to differentiate fraud and guilt with representation was obtained, through criteria of knowledge and will. Elements that are concluded do not sufficiently determine the limits between one and another form of criminal responsibility, having to resort to others such as the actions with anteriority to the initiation of the conduct and the abandonment beforehand of the permitted risk or the objective duty of care.Ítem El Estado colombiano y su responsabilidad por omisión ante la violencia escolar(Universidad La Gran Colombia, 2021-04-23) Montes Ortiz, Carlos Arturo; Turriago Gutierrez, Neyer Mauricio; Zeballosf, AdrianIt is frequent, although reprehensible, that, during the first school years of the human being, teasing, rejection, situations of aggression or even violence occur among young people that can lead to the victim of these behaviors suffering both physical and psychological damage that can become irreparable. Faced with this reality, the Colombian State issued Law 1620 of 2013 "by which the National System of School Coexistence and Training for the Exercise of Human Rights, Education for Sexuality and the Prevention and Mitigation of School Violence is created" , through which it grants responsibilities to both parents and educational and state institutions to prevent and punish the aggressions that may occur between students. Despite the Law, acts of school violence continue to occur in public and private educational institutions.Ítem La eutanasía en Colombia desde el marco jurídico colombiano(Universidad La Gran Colombia, 2022) Bayona Toro, Myriam Concepción; Gamba, Willy; Olarte Salgado, Jairo; Caicedo Duarte, Eder Maylor; Caicedo Duarte, Eder MaylorThe purpose of this research article is to review from the Colombian legal context the institution of euthanasia, how it has evolved and how it is currently categorized, well, it is necessary to understand in the light of law this controversial issue; well, in the Colombian context, euthanasia has become a hotly debated topic in various scenarios of practical life. This is due to the fact that different sectors state that it is not dignified to live like this, under atrocious conditions of illnesses, this is how the conditions of people suffering from terminal illnesses and those who do not suffer from them, but whose development of their activities is impaired, should be analyzed. On the other hand, there are conservative institutions in the country that state that it is not dignified to die under the procedure of euthanasia, because the human being cannot freely dispose of his life.Ítem Explotación sexual de las niñas indígenas wayuu en Colombia(Universidad La Gran Colombia, 2022-03-27) DIAZ IGUARAN, LENAN JISELL; RODRIGUEZ BONILLA, FREDDY HUMBERTOThe indigenous women of Colombia play an important role within society, their cultural and economic environment and their communities. These same ones through the years, have shown that they are the backbone of their families and from generation to generation, their ancestors have entrusted the care of the home and protect the indigenous social structure and the cultural experience of their native people. However, it is incredible that in the XXI century, where there are international laws, treaties and conventions, which show a significant advance in terms of fundamental rights of women, the indigenous women of Colombia, have to continue allowing practices and behaviors that force them to keep quiet or shout that they are women with rights like any other. It is not feasible to ignore the fact that indigenous women are victims of different forms of gender violence, such as sexual exploitation, discrimination, rape and mistreatment, torture, massacres, forced disappearance and displacement. In addition, cases of domestic violence must be added, which causes them concern and uncertainty for their family, their native people, for their ancestral practices and especially for their future. However, the Colombian legal system does not have effective and consistent public policies, or specific operations to deal with this problem and some particular situations.Ítem ¿La Función Nomofiláctica de la Casación afecta la autonomía de los jueces?(Universidad La Gran Colombia, 2022-05-20) VIVAS RAPIRA, CESAR AUGUSTO; FAJARDO LEFRANC, BETSY CAROLINA; OVIEDO, ISLEN YAIRThis document addresses the function of nomophilia, from the control of constitutional legality within the sentences, this seen from the cassation as a way of unifying jurisprudence. The work is divided into three parts, in the first place the unification of the jurisprudence by the Supreme Court of Justice is addressed; secondly, the normative-theoretical conceptions of the interpretation of the law, verifying the North American legal realism, the Common Law and interpretation of the Law, evaluating the debate of Dworkin and Hart on the rules of interpretation; Finally, the principle of legal certainty offered by the interpretation of the Law is analyzed, finding that the nomophilia in the place of appeal serves as an effective means for the correct interpretation of the law, which is systematically harmonized with the other purposes. of the cassation Finally, it is concluded that any distancing from the jurisprudence on the part of the judges has the burden of overcoming the interpretation of the Supreme Court of Justice, and therefore supporting the preservation of the principles of justice and equity.Ítem Impacto de la pandemia causada por el covid-19 en la violencia contra las mujeres en las localidades de San Cristóbal y Antonio Nariño en la ciudad de Bogotá en el año 2020(Universidad La Gran Colombia, 2022) García Castro, Cesar Andrés; Gutiérrez Barrios, Ricardo; Moreno Velásquez, Consuelo; Caicedo, Eder Maylor; Caicedo, Eder MaylorViolence against women has been manifested from generation to generation, coming to believe that this is part of the culture, over time the forms of gender violence have manifested themselves in different ways, among which are physical violence, psychological violence and economic violence, which were the most recurrent in our society, with easy access to social networks and information technologies, the form of mistreatment of women was diversified, since it was a virtual harassment that made it difficult to monitor and control of cyber criminals, the easy acquisition of a simcard with a data plan and the inefficient control of the state in the acquisition of these elements, facilitated the continuous harassment of women in social networks. With the arrival of Covid 19 in Colombian society and the implementation of quarantines to prevent the massive spread of the virus, together with the difficult access to the means of reporting by victims, it made it difficult to access justice, which gender in a decrease in complaints to the competent authorities so that cases of domestic violence were punished and sanctioned.Ítem Impacto de los decretos de emergencia con efectos económicos en el recaudo de las rentas en el año 2020 de la ciudad de Bogotá(Universidad La Gran Colombia, 2022) Valentín Quito, Blanca Yamile; González Vasco, Patricia; Mazuera Ávila, PaulaIn this document, the impact of the emergency decrees with economic effects and the tax measures generated in Colombia will be determined and examined, as a consequence of the health emergency that the entire world went through and especially Colombia, so that the year 2020 will be remembered in history as the year of the COVID-19 pandemic, a virus designated as a new disease that had its first appearance in the city of Wuhan, China at the end of 2019 and that during 2020 caused devastating economic and social effects in the Colombian State. The information that was considered for the development of this investigation was compiled as follows: regulatory sources, decrees, laws, resolutions issued during the State of emergency for economic and fiscal purposes, official reports from the Ministry of Finance, National Planning Department DNP; in addition, of the different positions and analyzes of the impact of the strongly affected countries, in terms of inequality, education, migration, economy and science; these issues being of great relevance when interpreting the phenomenon by the United Nations (UN, 2020). The different scenarios in which governments had to act are also mentioned, and which at the beginning were totally uncertain regarding the measures that should be taken; First of all, aimed at reducing the peak of contagion and strengthening health systems, for which measures such as the mandatory isolation of the population were necessary, this implied the closure of commerce and industries that brought serious consequences for the economy. With the information obtained at the local level, it is intended to determine which measures have been taken by the government and if they were aimed at fulfilling the functions of fiscal policy: allocation, redistribution and stabilization of the country to fulfill the essential purposes of the State. consigned in article 2 of the Political Constitution of Colombia.Ítem IMPACTO DEL SISTEMA GENERAL DE SEGURIDAD SOCIAL EN TRABAJADORAS SEXUALES. POSIBLE MATERIALIZACIÓN DE UN CONTRATO DE TRABAJO BAJO EL PRINCIPIO DE PRIMACÍA DE LA REALIDAD(2022-04-24) AGUIAR MEJIA, KAREN GERALDIN; UNIVERSIDAD, LA GRAN COLOMBIAIn Colombia there is a general social security system that, among other things, is conceived as a fundamental right and a set of entities, procedures and institutions with a technical and legal component that are intended to guarantee the rights of natural persons from a framework prior to birth and until after death. In this sense, understanding that the right to comprehensive social security is a fundamental right, like that of life, work, and health. The optional power of the State to guarantee access to work for all persons in Colombian territory is presumed. Now, one of the biggest social problems in Colombia is the unregulated exercise of prostitution, for this reason, these labor protection measures and access to comprehensive social security are not evidenced; Although its activity is not prohibited by Colombian regulations, it is not regulated either. This document will analyze whether, under the principle of the primacy of reality, it is possible to materialize the formalization of an employment contract related to women who practice prostitution in Bogotá, and what would be the scope of the guarantees that give rise to the declaration of an employment relationship within the framework of the comprehensive social security system.Ítem LA IMPORTANCIA DE LA LIQUIDACIÓN DE LOS CONTRATOS ESTATALES DENTRO DE LOS TÉRMINOS CONTEMPLADOS EN LA LEY(Universidad La Gran Colombia, 2023-07-30) PINEDA GALAN, JUAN CARLOS; RAMÍREZ FUENTES, CARLOS ANDRÉS; AVENA PÉREZ, MARÍA CAROLINA; Calle Castillo, Carolina; Calle Castillo, CarolinaThis article is developed with the purpose of proving the importance of liquidation within the framework of public contracts, as well as the need for this process to be carried out within the terms established by law. By virtue of the foregoing, a doctrinal, jurisprudential and normative analysis will be developed in order to demonstrate the importance of liquidating contracts executed with the State, from any of the forms predisposed for it in the law, being this the last of the stages of public contracting. Likewise, the legal consequences will be analyzed when the contractual liquidation processes are developed outside the established terms.Ítem LA IMPORTANCIA DE LA LIQUIDACIÓN DE LOS CONTRATOS ESTATALES DENTRO DE LOS TÉRMINOS CONTEMPLADOS EN LA LEY(Universidad La Gran Colombia, 2023-07-30) PINEDA GALAN, JUAN CARLOS; RAMÍREZ FUENTES, Carlos Andrés; AVENA PÉREZ, María Carolina; Calle Castillo, CarolinaThis article is developed with the purpose of proving the importance of liquidation within the framework of public contracts, as well as the need for this process to be carried out within the terms established by law. By virtue of the foregoing, a doctrinal, jurisprudential and normative analysis will be developed in order to demonstrate the importance of liquidating contracts executed with the State, from any of the forms predisposed for it in the law, being this the last of the stages of public contracting. Likewise, the legal consequences will be analyzed when the contractual liquidation processes are developed outside the established terms.