Especialización en Derecho Administrativo

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https://hdl.handle.net/11396/2231

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Mostrando 1 - 20 de 271

Análisis de los decretos legislativos en ocasión a la emergencia sanitaria del covid-19
(Universidad La Gran Colombia, 2022) Gómez Farrayans, Hans Sebastian; Mazuera Ayala, Paula
Within the validity of the emergency declaration declared by the National Government in 2020, a series of measures were taken to solve the crisis that was generated, both economically and socially; this series of measures taken through legislative decrees in the validity of the State of exception due to the economic, social and ecological emergency, which based on the National constitution are subject to automatic control of constitutionality by the bodies arranged for it, either the case, of the Constitutional Court or the Council of State in which they weigh the relevance and suitability of the measures taken by the executive; as well as the analysis if they are in accordance with the Magna Carta.
La deforestación, una amenaza para los parques nacionales naturales de Colombia
(Universidad La Gran Colombia, 2022) Casallas Rojas, Karen Yadira; Diaz Quiñones, Juan Diego
Climate change is a cross-cutting issue that has reflected its impact not only in the environmental sector, health standards have set off alarms, water and air quality have been affected, not counting the extinction of species and the state of danger in which many times they are currently worldwide. In Colombia, as well as in many countries, one of the main generators of climate damage is deforestation, since the issuance of Law 99 of 1993 and before with the ratification of several international treaties, it has been proposed in theory, to conserve and strengthen Some areas that have been gradually declared as National Natural Parks of Colombia, these to date have functioned as the lungs of the Country, however, the figures show that every year deforestation increases alarmingly inside and outside these protected areas. Therefore, it is important to identify from the point of administrative law the institutional action, the review of the regulations, the importance that from the regulatory point of view has been generated to care for and expand areas based on environmental protection, prioritizing the identification protection mechanisms that can currently be implemented, the factors that generate deforestation, the role played by society and the responsibility that could be attributed to the state.Keywords (En cursiva). el resumen va acompañado de las palabras claves (5 como mínimo), que serán las que tengan más importancia en la investigación.
Responsabilidad del estado frente al restablecimiento de los, derechos de los niños, niñas y adolescente en la comunidad indígena (Emberá.) durante la invasión del Parque Nacional del 2021
(Universidad La Gran Colombia, 2022) Delgado Bautista, Sandra Catalina; Zarate Villarreal, Martha Duby; Mazuera Ayala, Paula
In the Political Constitution of Colombia of 1991, it states that it is a multi-ethnic and multicultural country. In articles 10, 63, 68 and ss. of the fundamental letter, it expresses that the languages and dialects of the ethnic groups are official in our country; the protection of the assetsof the indigenous reservations is unattachable, as is the respect for development of their cultural identity, where the indigenous community has acquired fundamental rights, even where ethnic and cultural diversity is valued. The acceptance of the multiplicity of ways of life, being Colombia a Pluralist Country in the ethnic environment, trying to protect the ethnic and cultural diversity of all indigenous peoples, where they preserve their language, traditions, and beliefs, keep their community formedand developed, that their unity and permanence in their territories must be guaranteed. The National development plan, presented by the National Government, through the pactfor Colombia, PACT FOR EQUITY 2018-2022, created two special chapters to include the ethnic communities of the country, having found social inclusion, the autonomy of traditions andvalues cultures of indigenous communities. It is evident the recognition both for these communities, as well as for sectors of Colombian society, which represents a multi-ethnic and cultural richness that contributes to the strengthening of national identity, that is, with the characterization of the framework of the PGD-IDB agreement - 028/2019, which seeks to carry out an analysis of primary and secondary information, of the characterization of the Emberá Chami indigenous people. Said agreement was entered into between the Red Colombia Verde and the Office of the Attorney General of the Nation, recognizing the strengths and opportunitiesof the indigenous communities of their essence, considering peace for the country. Indigenous peoples have told the international community the stories of their communities, the discrimination and violence against them, and since the 50s, when the International Labor Organization (ILO) analyzes the situation of indigenous peoples. , in order toguarantee the rights of these communities; Thus, in the 1980s, Agreement 169 of 1989 was approved, where the rights of indigenous peoples began to be demanded and guaranteed, and policies were included to recognize, guarantee, and ensure the rights of said communities. Thus, Colombia ratifies and approves the agreement of 169 of 1989, through Law 21 of 1991 in collaboration with the Political Constitution of 1991, where the wealth of ethnic peoplesis recognized as an element of the cultural variety of the country, and a space is generated for the recognition of their rights, and a special indigenous Jurisdiction is included, within the framework of legal pluralism. Since 2012, the National Coordination Commission between the National System and the Special Indigenous Jurisdiction (COCOIN) emerged, it has been managing and working to guarantee the rights of protected groups, even though no articulation law has been found. as a permanent body for planning and monitoring the policies of the judicial branch about the Special Indigenous Jurisdiction. The Colombian Institute of Family Welfare (ICBF) is part of the commission as a permanent and active member; Starting in 2010, a special procedure was created to speed up theadministrative process for restoring the rights of children and adolescents from indigenous communities.
La responsabilidad patrimonial por la acción u omisión de la administración pública
(Universidad La Gran Colombia, 2023) Morales Galindo, Jenniffer Alejandra; Lizarazo, Olga Lucila
The purpose of this research work is to demonstrate the patrimonial responsibility of the State with respect to the damages caused by failures in the provision of the service in individuals, by the public official of public entities.
Análisis a la normatividad que protege la cultura lingüística indígena en la educación en Colombia
(Universidad La Gran Colombia, 2023) Buitrago Gómez, Francisco Javier; Acosta, Joaquin
It is necessary to recognize the importance of the different native languages in Colombia and through this documentary research to be able to make an analysis if, with legal management, it has been possible to receive an appropriate education that allows the communities their preservation and ancestral continuity of the linguistic processes of the peoples. indigenous implemented from generation to generation.
Responsabilidad del Estado frente a la presunta ejecución extrajudicial de tres jóvenes en el corregimiento de Chochó a manos de la Policía Nacional
(Universidad La Gran Colombia, 2022) Salgado Perdomo, María Fernanda; Convers Cuervo, Daniel Felipe; Mazuera Ayala, Paula
This article seeks to analyze, understand and establish whether the events presented on July 25, 2022 in the municipality of Chochó constitute state responsibility. For the development of the theme in this writing, a small tour will be made of the violence that the country has suffered, focusing on two cases of violence, one colloquially called "pistol plan" that is directed mainly towards the public and armed forces, generating collateral damage. in society. The second case is about the National Police of Colombia, when it exceeds its functions and makes excessive use of force and ends up generating the so-called "false positives" that are actually extrajudicial executions. Similar cases will be brought up in order to make a comparison with the facts of the main topic and how legally states have been brought cases both in Colombian justice and those that have escalated in international justice.
El voto preferente como promotor de la personalización política en Colombia, a partir del A.L. 001 de 2003
(Universidad La Gran Colombia, 2022) Carrillo Pachano, Andrés Felipe; Arias Rincón, Pedro José; Meneses Quintana, Orlando
Legislative Act 001 of 2003, modified the electoral system in Colombia, generated changes such as the conversion of votes into seats, gave way to an excessive increase in political parties with varied interests in both public and private corporations, giving way to new warlordism , very different from those heroes who participated in the independence processes, the current ones become populist figures fed by ideologies that favor privileged sectors of the Colombian population, weakening the nature of the parties and the normal exercise of democracy. These personalisms have been placed above the ideology of the political institutions within which they militated; including, moving away from the programs established by their parties and replacing them with eminently populist and immediate actions, which has generated the denaturation of democracy, given the precariousness of political participation and the imposition of personalisms on ideologies. This corruption is generated because the necessary tools for democratization and transparency in the parties do not exist, creating the phenomenon of abstentionism due to acts of political corruption, divisions or polarization of opinion that occurs in many caudillos, among others. Separating participatory and representative democracy from the national and international environment due to the uncertainty and lack of trust of the people.
Transformación digital de la justicia en la jurisdicción de lo contencioso administrativa en aplicación a la Ley 2080 de 2021 y Ley 2213 de 2022
(Universidad La Gran Colombia, 2022) Sanchez Rojas, Jesica Alejandra; Cabrera Hernández, Harley; Mazuera Ayala, Paula
This article aims to inform and reflect on the importance of the use of technological means in judicial proceedings in administrative matters; of how the use of ICTs as a result of the Covid-19 pandemic was strengthened and created in the entire community a need and obligation to access the administration of justice through digital platforms, in order to guarantee the principle of effectiveness in the exercise of access to justice, generating greater agility in procedural actions.
Mecanismos administrativos de garantia de protección del derecho al aborto legal y seguro como parte de los derechos sexuales y reproductivos de la mujer en Colombia
(Universidad La Gran Colombia, 2022) Martinez Malaver, Diana Patricia; Mazuera Ayala, Paula
Colombia, being a State classified as Social and Democratic, classifies reproductive rights as a fundamental right described through judicial decisions, understood from the scope of the democratic principle, the value of justice and in favor of equity, which fall within the right of access to the administration of justice. The evaluation of the actions carried out to comply with the judicial decisions allows to assess whether the obligor has taken measures aimed at the purposes intended by the ruling; When the right of action is exercised, undoubtedly linked to due process and when the high courts have pronounced, the beneficiaries create an expectation of compliance derived from the decisions, in the case of the IVE, citizens expect the State to deploy its efforts to comply with Ruling C-055 of 2022, In addition, they expect actions to be carried out under conditions of legality and security, because as a consequence, if the Constitutional Court issued such pronouncement, it determines the binding nature of the judicial decisions, and if this is disregarded, it constitutes an undermining of fundamental rights and therefore of constitutional precepts
Responsabilidad extracontractual del estado colombiano frente a los niños, niñas y adolescentes
(Universidad La Gran Colombia, 2022) Bermúdez Garrido, Jennifer Dayanne; Cortes González, Emilce; Mazuera Ayala, Paula; Mazuera Ayala, Paula
Children and adolescents are subject to special protection for the Colombian State, not only because the Political Constitution says so, but also because with the advancement of international humanitarian law, a human rights protection mechanism was enacted that has as purpose of raising the status of minor, so that their interests are prevailing, giving rise to what is known in law as the principle of the best interests of the minor, for this reason society, the family and especially the State must be vigilant that each of the children and adolescents can enjoy the enjoyment of their fundamental rights, but what happens when the protection of these rights is not given? How is the non-contractual responsibility of the State established on the applicability of the principle of the best interests of the minor? These questions will be results through the qualitative research method which will allow through the consultation of scientific, doctrinal and treatise texts that will guide the solution of the research objectives aimed at talking about the responsibility of the State in accordance with Article 90 of the Constitution. Policy of 1991 and the international mechanisms ratified by Colombia, in order to carry out this work with a legal and academic approach.
El voto preferente como promotor de la personalización política en Colombia, a partir del A.L. 001 de 2003
(Universidad La Gran Colombia, 2022) Carrillo Pachano, Andrés Felipe; Arias Rincón, Pedro José; Meneses Quintana, Orlando
Legislative Act 001 of 2003, modified the electoral system in Colombia, generated changes such as the conversion of votes into seats, gave way to an excessive increase in political parties with varied interests in both public and private corporations, giving way to new warlordism , very different from those heroes who participated in the independence processes, the current ones become populist figures fed by ideologies that favor privileged sectors of the Colombian population, weakening the nature of the parties and the normal exercise of democracy. These personalisms have been placed above the ideology of the political institutions within which they militated; including, moving away from the programs established by their parties and replacing them with eminently populist and immediate actions, which has generated the denaturation of democracy, given the precariousness of political participation and the imposition of personalisms on ideologies. This corruption is generated because the necessary tools for democratization and transparency in the parties do not exist, creating the phenomenon of abstentionism due to acts of political corruption, divisions or polarization of opinion that occurs in many caudillos, among others. Separating participatory and representative democracy from the national and international environment due to the uncertainty and lack of trust of the people.
Régimen disciplinario para el personal de oficiales y suboficiales de las fuerzas militares de Colombia
(Universidad La Gran Colombia, 2021) Ramos Castro, José del Carmen; Tangarife Arango, Eder Alexis; Moreno Márquez, Aníbal Segundo; Reyes Sarmiento, Lucila
It is necessary to indicate that within the existing disciplinary regime in Colombia for members of the military forces there are a number of parameters that must be met in the event that a situation of exceeding functions in the exercise of the position to which he was appointed, and the disciplinary power is accepted from the perspective of the public functions established in the Law; however, there have been irregularities in the applicability of the regulations since it is evident the ignorance of the protected legal assets that each member of the military force has by constitutional mandate. Thus, this research work seeks to analyze from the legal hermeneutics how Provision 016 of 2018 promulgated by the General Command of the Military Forces, created to regulate “the parameters of the diligenciation and processing of the evaluation and classification processes for officers and non-commissioned officers of the military forces”, has repeatedly violated fundamental rights of the group in question.
Responsabilidad civil extracontractual del estado: prueba y cuantificación del daño moral a personas jurídicas
(Universidad La Gran Colombia, 2022) Gonzalez Herrera, William; Quiñones, Juan Diego
Uso de listas de elegibles como medida para garantizar el mérito en el empleo público en Colombia
(Universidad La Gran Colombia, 2022) Rojas Diaz, Paula Giselle; Valero Sarmiento, Nestor Mauricio; Mazuera Ayala, Paula
The lists of those eligible for public employment, beyond an administrative act that contains a list of participating citizens in a certain order of eligibility, guarantee the application of principles in administrative matters in observance of state fines. That is why this work aims to demonstrate the impact of the lists of eligible in the provision of public jobs of administrative career and its evolution during the last decade through the merit contest advanced by the Comision Nacional del Servicio Civil
Análisis jurisprudencial sobre las nulidades y el restablecimiento del derecho: miembros de la fuerza pública víctimas del conflicto armado y como consecuencia de ello son retirados del servicio activo
(Universidad La Gran Colombia, 2022) Cifuentes Hoya, Esneyder; Mira, Juan Camilo; Palacios Martinez, Daianys; Cuathin Zeballosf, Adrian Alexander
The personnel of the public forces of Colombia, on the occasion of the exercise of their functions and product of terrorist attacks they are withdrawn from service as a result of the decrease in psychophysical capacity. Therefore, the person is faced with a situation of manifest weakness and therefore, they are subject to special protection, taking into account that the labor law of these people is intimately related to the right to life, health and the minimum living. For this reason, the means of control and the tutela action are analyzed as mechanisms for the protection of the rights of personnel in conditions of diminished work capacity
Responsabilidad de la administración por falla en el servicio médico
(Universidad La Gran Colombia, 2022) Zea Nuñez, Brucce Danobis; Mazuera, Paula
The investigation focuses on the administrative failure due to negligence in the provision of medical service causing the death of the surrogate mother as well as the unborn child, causing the art. 90 of the National Constitution.
El contrato de prestación de servicios a la luz de la constitucionalidad con un enfoque de convencionalidad
(Universidad La Gran Colombia, 2022) Forero Ortiz, Hugo Armando; Mazuera, Paula; Mazuera, Paula
This paper will review the jurisprudential background of the SUJ-025-CE-S2-2021, its implementation, the objective that motivated it, and an interpretation from the point of view of the worker to realize if he/she has the labor benefits established, specifically in the provisions of Articles 1, 2, 13, 25 and 93 of the Political Constitution of Colombia. Likewise, the Inter-American Convention on Human Rights will be brought up, in its articles 1, 2, 17, 24, 26 and 31, where through the interpretation and control of conventionality, by judges and legal operators, by means of the figure of unnamed rights, it is possible to achieve that the contractor obtains and enjoys the monetary benefits, directly proportional to his effort and labor compliance. Finally, to present a proposal or recommendation on how to address and present these rights, through the internationalization of the constitution and compliance with the precepts issued by the Inter-American human rights system.
La eficacia en actos administrativos notificados por medios electrónicos
(Universidad La Gran Colombia, 2022) Torres Benavidez, Andres Steven; Mazuera Ayala, Paula
Entities must be certain that they have received the notification by electronic means, when this is the means chosen by the entity and that it must have the ability to demonstrate the moment in which the individual had access to the notification issued by mail. electronically, or hire a certifying entity that is capable of doing so.
La acción administrativa en sanciones disciplinarias del servidor público definiendo el grado de responsabilidad desde una perspectiva objetiva teniendo presente los principios constitucionales
(Universidad La Gran Colombia, 2022) Hernandez Torres, Duvan Hernan; Flechas Gallo, Olga Cecilia; Mazuera, Paula
Among the fundamental principles of the legal bond is the power of the right to defense, this established in the Political Constitution of Colombia of (1991) in Art. 29, which is sometimes omitted and occurs in legal errors that affect the integrity of the public server. In private and public entities when it is under specific labor and contractual parameters in a labor and contractual system, certain characteristics established therein are met, which are defined as labor or contractual functions that the worker must perform at a certain time, at a certain time, and so on. , but sometimes non-contractual functions are manifested that are linked to the boss's demands, and being a subordinate the employee must comply; regardless of whether this causes legal or criminal injuries or affects their emotional or work faculties, for which the degree of responsibility is to be legally based objectively, where not only the public servant is disciplined, but also any third party who is be involved in the administrative failure that is affecting state or government purposes; where bosses and/or authorities are directed in the disciplinary process if they were to have implications in the act committed by the public servant. With the foregoing, public servants who commit any disciplinary offense, aimed at affecting the contractual and labor purposes acquired with the State, affecting social assets and service qualities.
Sistema de elección Colombiano y su impacto en el sufragante
(Universidad La Gran Colombia, 2022) Rodriguez Garavito, Yeisson Ivan; Mazuera Ayala, Paula; Mazuera Ayala, Paula
In the Colombian legislative electoral system, there is the possibility of offering voters different types and modalities of lists for the election of their representatives. These different types of lists have been the subject of discussion in recent constitutional periods, included in political reform projects. presented before the honorable Congress of the Republic, that is why we are going to deepen and clarify in a clear and simple way the doubts that this subject comes to present, those possible advantages in the selection and presentation of these lists in question and if they finally favor or not the participatory democracy of our country. Regarding the development of this investigation, we will talk specifically about the popular election based on a brief account of the history of democracy and its history in Colombia, we will talk about those people who will be part of and will be members of collegiate bodies such as District Councils. and Municipal, Departmental Assemblies, Congress of the Republic; To have greater clarity we are going to briefly explain the functions, differences and specific issues of each of the bodies mentioned above, this with the objective that we understand the importance of each one of them and thus later delve into the thesis and argumentation against why yes or no, the popular election in closed or non-preferential list mode is convenient.

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