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Ítem Retos jurídicos del metaverso en el ordenamiento jurídico colombiano(Universidad La Gran Colombia, 2024) Opayome Ramírez, Oscar Rodrigo; Suárez Betancourth, Raul Yecid; Lizarazo, Olga Lucila; Lizarazo, Olga LucilaThrough a review of research, articles and essays that have addressed the new reality of metaverses from a general, holistic or legal perspective, this research seeks to show what are some of the judicial and legal challenges faced by internal legal systems in the face of the emergence, expansion and proliferation of these digital spaces for social, recreational, contractual, commercial and even labour interaction, so that it is possible to conclude that, in some aspects, the current regulations are insufficient, if not non-existent, to attend to legal controversies that interaction on these platforms may give rise to, while in other cases it is evident that the problem is not the lack or absence of regulations, but rather their real effectiveness.Ítem Derecho constitucional de la igualdad y su garantía estatal en el marco del decreto 1417 de 2021(Universidad La Gran Colombia, 2024) Guio Martínez, Luis Carlos; Lizarazo, Olga LucilaThe reduced lethality weapons market in Colombia is a phenomenon that has been increasing in recent years. The importation of replicas of non-lethal weapons captured the attention of thousands of citizens who saw in their features, prices and ease of acquisition an opportunity to acquire an implement for personal defense, sports practice or simply as a collector's item. The best received article within this phenomenon is what we know today as a “traumatic” weapon. This type of weapon has physical characteristics almost identical to real weapons and receives its name due to the trauma caused by the projectile it ejects once it is fired (rubber ball). In principle and during the first years, the regulations that governed the acquisition and carrying of these weapons were lax, which caused that due to the great resemblance to real weapons, they began to be used to commit crimes by passing them off as real weapons and taking advantage of the fact that in panic situations such as robberies, no one would stop to think if it was a lethal weapon or not. Due to the public order problems that these elements unleashed on the market, the legislator was forced to take action on the matter, issuing laws that controlled the distribution and possession of traumatic weapons, therefore, in 2021, decree 1417 was issued. of 2021 in which its objective is the “classification and regulation of traumatic weapons”. Although it is true that in matters of traumatic weapons a regulation was necessary given the effects that their circulation meant, in this writing we find a situation that we consider may be against the constitutional norm, very specifically, bearing and possession, to which citizens between 18 and 24 years of age are not susceptible.Ítem PROPIEDAD INTELECTUAL UN DERECHO FUNDAMENTAL, A PARTIR DE LA CONSTITUCION POLITICA DE COLOMBIA DE 1991(Universidad La Gran Colombia, 2024-07-11) Ariza, Valentina; Ayala Diaz, Julian Esteban; Erazo Ramirez, Paola FernandaIn this document, the concept of intellectual property, its components and the different legislations that regulate it will be analyzed. Additionally, an analysis of the fundamental right nature of intellectual property will be carried out, addressing both the necessary requirements and the factors that influence its recognition. The concept of connection between fundamental rights and other rights that are part of the Colombian legal system will be studied, with the purpose of understanding how the right to intellectual property acquires fundamental status. A legal methodology will be used that combines analytical, deductive and qualitative approaches. This approach will allow us to evaluate the legal actions available for the effective protection of the right to intellectual property in our legal system.Ítem Estudio para impulsar el cultivo de las semillas nativas y criollas de maíz en Colombia desde un enfoque jurídico(Universidad La Gran Colombia, 2024) Lemus Lopez, Nohora; Carpio Guerrero, Pedro; Salas Toro, GuillermoThis monograph focuses on the cultivation of native corn in communities in Colombia, with a particular focus on the department of Nariño. It examines in detail the Colombian regulations concerning Living Modified Organisms (LMOs), as well as the international treaties signed by the country, with special emphasis on the Free Trade Agreement (FTA) with the United States and its implications for the agricultural sector, specifically with regard to corn cultivation. In addition, resolutions and decrees related to the cultivation of corn seeds are identified, analyzing how the government has provided protection over time to native seeds. The importance of these seeds for food security and the defense of national sovereignty is explored, considering the need to replace transgenic corn crops imported from the United States, a direct consequence of TLC. This research seeks to shed light on the vital contribution of native corn seeds to food autonomy and the preservation of agricultural diversity in Colombia.Ítem Percepciones de las culturas juveniles sobre la participación ciudadana en las políticas de juventud del Quindío en el 2021 y 2022(Universidad La Gran Colombia, 2023-12-15) Pérez Uribe., Valerhim; Ruiz Mejía., Valeria; Montoya Arias, Óscar Andrés; Montoya Arias, Óscar AndrésÍtem Principios del teletrabajo y su aplicación en el mercado laboral para los jóvenes(Universidad La Gran Colombia, 2024) Vargas Miranda, Cristian Camilo; Barragan, DiegoThe labour market has brought new mutations with the impact of globalization, the changes that have been taken internally in the face of the Labour law, the recommendations and new conventions that have arisen within the International Labour Organization (ILO), and even with the policies Environmental taken by States concerning the climatic phenomen that have been presented in recent times. The technological changes inherent in globalization, the expansion of the economy and the general market between States, and the subscription of Free Trade agreements have generated modernization in the face of the natural conception of the world of work, thus allowing the flexibility in the existing contractual modalities in labour law of Colombia. (Vargas, 2020, p.153)Ítem Afectación a los derechos humanos de los niños, niñas y adolescentes en el marco del reclutamiento(Universidad La Gran Colombia, 2024) Muñoz Roberto, Ángela María; Caicedo Fraide, Eder Maylor; Caicedo Fraide, Eder MaylorThe forced recruitment of minors has been a recurrent practice carried out by armed groups in the framework of the Colombian armed conflict, affecting the fundamental rights of young Colombians and their families, creating fractures in the social sphere of the country due to the implications it has on the social, psychological, affective, sexual and educational development of children and adolescents. Therefore, it is important to identify its modalities, structures, social, geographical, economic, gender and racial factors as the main aspects in the framework of the violation of the fundamental rights of minors to family, education and sexuality, while recognising the advances and actions taken by the Colombian State for the reparation of minor victims, seeking at the same time to be a form of reparation and a contribution to the construction of the historical memory and the investigation of the role of the minor soldier in the Colombian war. A qualitative research approach is used, in which the phenomenon and evolution of child recruitment in Colombia is analysed through documentary analysis of the theory of the circle of violence and the differential approach as a basis for identifying the violation of children's rights and statistics registered by official entities regarding the number and characterisation of victims.Ítem Gestación subrogada en colombia, una mirada jurídica de sus derechos y obligaciones(Universidad La Gran Colombia, 2024) Garcia Gaitan, Mariana; García Rodríguez, Franklin Segundo; Caicedo Fraide, Eder Maylor; Barragan Ferro, Diego DavidIncreasingly and more frequently people want to have children, because according to the Colombian Center for Fertility and Sterility around 20% of couples face problems with their fertility and of that percentage, 60% say they have tried to get pregnant. about a year (Unisabana, 2021), which raises questions for parents, which encourage them to seek new methods to make that dream come true, the purpose of this work is to identify how the legal position has developed in Colombia Regarding the pregnancy or surrogacy in relation to the maternal-filial attachment of the pregnant woman from the T-968/09 ruling? This investigation will be carried out through the qualitative research method where different sources will be consulted such as jurisprudence, doctrine, law, concepts, theses, among other figures that expand and allow understanding of the positions regarding the research topic, allowing to recognize which rules and principles take precedence over the legal problem and allow to recognize viable factors to be established in terms of law on practice and the rescission or resolution of surrogate contracts.Ítem Reparando el pasado y protegiendo el futuro: Los bonos de carbono como estrategia ambiental sostenible para la reparación de las víctimas en Colombia(Universidad La Gran Colombia, 2023) Peña Sosa, Jose Eduard; Fernández Ortega, Alfredo SimónThe fifth point of the Final Agreement, which addresses the rights of victims to truth, justice, reparation, and the guarantee of non-repetition, constitutes the fundamental element to ensure a transition that allows for the conclusion of the armed conflict between the Colombian state and the Revolutionary Armed Forces of Colombia-People's Army. The goal is to address the root causes of the conflict. In this component, actors who were previously on opposing sides in the war have committed to prioritizing the victims and improving their living conditions. This is considered a right that victims must receive comprehensive compensation from their former perpetrators for the harm and losses caused by the armed conflict in which they were unjustly involved. This academic reflection explores, based on the innovative current regulations in Colombia regarding carbon offset and the evolution of the legal framework for victim for reparation, the possibility of using assets handed over by illegal armed groups, especially those with environmental potential, in the production of carbon credits as a strategy capable of effectively contributing to the compensation of victims of the armed conflict, which would not only provide new financing alternatives, but would also favor the sustainability and protection of the environment.Ítem El acceso a la administración de justicia manejo procesal y virtual(Universidad La Gran Colombia, 2024) Mendez Sandoval, Diego Andres; García, FranklinThis paper seeks to establish the basis of what access to the administration of justice is, starting with its definition from a historical, jurisprudential and doctrinal point of view; going through the definitions provided by the great religious books, those that have exposed characters of international relevance for law, philosophy and legalistic dogmatics and the great courts, both nationally and internationally, to punctuate in an analysis of its procedural management through the analysis of the different historical stages in the world and, especially, in Colombia; And, thus, to conclude with the approach of its current panorama, the implications of the digitalization of justice and the consequences that the implementation of virtuality in law has brought with it.Ítem Rol del abogado en el post conflicto colombiano: el papel de la jep en la transformación de la cultura jurídica(Universidad La Gran Colombia, 2024) Torrente Quintero, Diana Marcela; Insignares Gómez, Luisa FernandaThis monograph corresponds to a reflective investigation with a qualitative approach, in which it will be possible to demonstrate how the Special Jurisdiction of La Paz (J.E.P), is exercising a paradigmatic change in the Colombian legal culture, which implicitly entails a transformation and a redefinition of what we understand as fair in law. For the above, the Alternative Conflict Resolution Mechanisms (MASC) will be addressed, as one of the main and necessary tools for peacekeeping. Chapters one, two and three address transitional justice, its influence from equity to Alternative Conflict Resolution Mechanisms, in open affinity with the Special Justice for Peace, legal changes, the effect of social transition that has been brewing in Colombia. Finally, in chapter four we reflect on the profile and roles of the lawyer, configuring its importance in its role for the maintenance process of peace building in Colombia.Ítem Análisis constitucional de la crisis de la democracia participativa en Colombia(Universidad La Gran Colombia, 2024) Duarte Anzola, Hugo Alexander; Barragán Ferro, Diego DavidThis research proposes to make a critical analysis of participatory democracy as a right contained in the Colombian constitution of 1991. This criticism is proposed with the intention of studying some historical elements that allowed an objective evaluation of what hinders its materialization in Colombia and the identification of those actors who move the strings of power so that it continues in their hands. This research was developed with the use of a descriptive-analytical methodology that contributes from the conceptual to the compendium of studies that exist on democracy in Colombia. What is sought is to reveal those elements that in some way were not reviewed in an articulated way so that those interested in the subject can specify tools that allow an active and direct participation.Ítem Garantías de los sujetos disciplinables con la creación de un régimen probatorio independiente en el derecho disciplinario, contemplado en la ley 1952 de 2019(Universidad La Gran Colombia, 2023) Aparicio Suarez, Edwin Saul; Rocha Ocampo, Juan Carlos; Mendez, Sebastián; Ibañez Elam, Adolfo LeonWith the modification of the disciplinary regime, it is imperative to know the changes applied in the new General Disciplinary Code, read Law 1952 of 2019, which reforms the disciplinary power of the State that many sectors of society and the legal community directly claimed as a measure protection against acts of corruption and administrative inefficiency. In this sense, the detailed study of these normative changes, allows the analysis from the point of view of the effectiveness of the guarantees of the disciplinary subjects, servants or individuals with public functions, who in the majority of cases are prosecuted without having the sufficient arguments and evidentiary material; situations that imply a wear and tear on the Colombian judicial system, since, by promoting processes without sufficient merit to prosper, they end with filing orders or, in administrative litigation, annulments are decreed or irregular or irregular administrative sanctions are left without effect. not properly substantiated. Thus, in a scenario where decisions are identified that lack factual and legal support, the legal security of the Colombian State and the confidence in its control entities, among them, the disciplinary one, are negatively impacted. Due to the foregoing, the need to create an autonomous and defined evidentiary system, to be applied in the processes of investigation and disciplinary sanction, is raised and justified. Keywords. Disciplinary responsibility, subject to discipline, principles, procedural regime, probationary regime, offenses and sanctions.Ítem Materialización efectiva del derecho a la salud a través de la acción de tutela: el caso de los pacientes diagnosticados con cáncer(Universidad La Gran Colombia, 2023) Berruecos Prada, Leidy Tatiana; Menéses Quintana, OrlandoFor several years working in the legal area of a Foundation for patients diagnosed with cancer, he can recognize their needs during diagnosis and treatment. The organization was founded by patients, as a precursor to the Sandra Ceballos Law and the advancement of public policies for patients diagnosed with cancer, in any case there was an increase in the number of patients who received the fund to request an application or order . .performance of barriers to access to health care such as: delay in scheduling cities with specialists, delay in authorization and carrying out procedures and examinations of the Benefit Plan, delay in the delivery of medications, delay in starting treatment, denial of services among others. This experience allowed me to identify the problems: the institutional design of the provision of health services (access) and the constitutional and legal mechanisms to address these problems. To achieve this, my central objective will be to describe and identify the effective materialization of the right to health through protection action in cancer patients. Watch it unfold over three chapters. The first chapter with the proposal to identify the theoretical foundation describes the doctrine, norms and jurisprudence of the right to health in cancer patients. The second chapter consists of analyzing a particular case of the foundation and making a study of the legal problem. The third chapter aims to have coherence between the legal basis and the response to the legal problem. For this reason, we present the statistics of the People's Defense and the opinions of different health actors.Ítem Poder de policía en Colombia (incidencia restrictiva sobre el porte y consumo de drogas ilícitas bajo los límites legales de la dosis de uso personal)(Universidad La Gran Colombia, 2021) Bernal Ramírez, Sergio Andrés; Cáceres Tovar, Víctor ManuelThis monograph succinctly exposes about police power in Colombia, and the restrictive incidence through regulation of the bearing and consumption of illicit drugs under the limits of doses for personal use. It takes place in three chapters: first, conceptual precision on the subject about notions of public order, police reasons, police means, legal reserve and doses of personal use of illicit drugs; the state of the art is presented: diversity of meanings of the police concept, police means are treated in a particular way, limits to police power are expound, authorities empowered to exercise police power are described, the types of police power are indicated; and, describes new police regulations, in force since January 2017, on the bearing and consumption of illicit drugs under the limits of doses of personal use. Second, the theoretical framework is presented by referencing the increase in drug production and consumption at the global level, national context, and local context, abstract models of drug regulation are described, the period of decriminalization is exposed to the bearing and consumption of drugs under the legal limits of the dose of personal use in Colombia, and reference about the failed war against drugs from the prohibitionist model and the appropriate approach from the human development perspective. Third, the problem question is answered and the hypothesis is validated, in contrast to the findings of the documentary analysis, ending with the conclusions and recommendations.Ítem La crisis de la resocialización en Colombia(Universidad La Gran Colombia, 2023) Botía Briceño, Paula Alejandra; Barragán Galvis, Erika Alejandra; Laverde Rodríguez, Carlos AlfonsoThe treatment of resocialization in Colombia has been a problem that has greatly affected the entire prison system so that, in the treatment of the prisoner, shortcomings have been evidenced, such as: corruption within the prison, poor health and hygiene conditions, empty in the process of resocialization, failures in the educational programs for the prisoner, high rates of prison overcrowding and recidivism in the commission of punishable behaviors. Throughout the document, it will be possible to analyze that resocialization is a process that has been framed in failures since the beginning of criminal proceedings against an offender of criminal law, which has produced high rates and indices of prison overcrowding, high rates of recidivism in the commission of crimes, gaps in the prison infrastructure, gaps in the provision of health services, violation of minimum living conditions and human dignity; which has led to the fact that there is currently no effective social reintegration in the country and one of the purposes of the sentence is not being fulfilled, such as the resocialization of the prisoner.Ítem Reconocimiento herencial de los hijos de crianza(Universidad La Gran Colombia, 2023) Rojas Cano, Maria Paula; Alvarado Chavarro, Viviana Carolina; Barragán Ferro, Diego DavidAs humanity evolves it also brings changes in the concept of family, which necessarily leads to the transformation of the law according to the needs of society, therefore, the administration of justice must ensure the access of children to the inheritance regime including also the so-called foster child, so it is distinguished that foster families have already been constitutionally recognized. In our country the idea of family starts from the importance of being an institution that is considered a fundamental nucleus of our society and that unquestionably is given constitutional protection; it is important to mention that currently there are various types of families, among them the foster family as indicated in the Ruling T-070/15 issued by the Constitutional Court (2015), is defined "as those that are born by relationships of affection, respect, solidarity, understanding and protection, but not by blood ties or legal ties". The rulings issued by the Constitutional Court and the Supreme Court of Justice have determined that these foster links lead to acquire both obligations and rights, as an example, is to be creditors of the inheritance of their foster parents; this figure is important because following this it has been possible to establish those requirements that can provide equality in inheritance matters with respect to foster children compared to the descendants of the closest degree and which must be guaranteed by the judicial decisions of the High Courts.Ítem Género y migración internacional de mujeres colombianas a los Estados Unidos: Perspectiva laboral y del trabajo(Universidad La Gran Colombia, 2023) Beltrán Ramírez, Valentina; Laverde Rodríguez, Carlos AlfonsoThis graduate work seeks to analyze the international migration processes of Colombian women to the United States from a gender perspective, with a focus on labor rights and working conditions in the midst of migration in 2023. For this purpose, three theoretical chapters are established: the first chapter addresses the relationship and influence of gender in international migration processes from a Latin American perspective; the second chapter studies the significance of international migration processes in Colombia from a social, historical and gender context; and the third chapter provides an intersectional and gender approach to how the labor field of Colombian women develops within the migration process to the United States in terms of rights and implications of the same. Subsequently, a fourth chapter is established, which compiles the international migratory experience of a Colombian woman, based on an interview conducted with her; and finally it concludes with the attached account of my personal experience close to international migration and the analysis of how the international migratory process and the work in the midst of it, has affected Colombian women in the United States at the present time.Ítem Regresividad tributaria sobre declarantes personas naturales 2012 - 2022(Universidad La Gran Colombia, 2023) Díaz Gaitán, Edilberto; Laverde, CarlosThe updates to Colombia's tax legislation, initiated with Decree 2053 of 1974 during the "Economic Emergency Declaration" by the administration of Alfonso López Michelsen, have sustained the mechanism of progressive rates and the progressive nature of the national and territorial tax system. Based on the recurring tax reforms approved in Colombia, since 2012 a differentiated ID system has been implemented for individuals. The "IMAN", the "IMAS" and the current tax systems with several specific IDs and a general ID with restrictions on their variables of deductions, exempt income, tax rates and tax discounts, ultimately determine a comparative and relative regressive tax system as compared to the one for legal entities and, generally, commercial companies, which results in individuals paying less taxes than their real capacity to pay, specifically regarding Income Tax and Sales Tax. The analysis and comparison of tax indicators, socio-economic indicators and, specifically, of revenues that do not constitute income or capital gain, costs and expenses, deductions, exempt income, rate systems, tax discounts, determination and settlement of taxes by legal persons and commercial companies and the one applicable to individuals, make it possible to differentiate and really establish a regressive tax policy for said declaring individuals.Ítem Desarrollo de la noción de los animales y su interacción con el ser humano, a partir de un aspecto filosófico, y desde el ámbito cultural y jurídico en Colombia(Universidad La Gran Colombia, 2023) Orduz Martínez, Angie Elizabeth; Díaz Espinosa, Erika Yurley; Martínez Londoño, Claudia PatriciaThe human being and his relationship with the animals has been a transcendental issue throughout human history which undoubtedly promotes various positions in understanding the existence of other living beings and dealing with them, as well as the transition that the human being has had in terms of the use of animals for purposes that benefit them, to the point of legally regulating acts that degrade or mistreat a sentient being such as an animal, which is why the following research question arises : How has the notion of animals and their interaction with humans been developed, from a philosophical perspective, and from the cultural and legal field in Colombia? This is a qualitative research, with a socio-legal approach and of a descriptive nature, which leads to a broad analysis of the subject under analysis, from a cultural and legal point of view, including national and international legislation to understand the importance of protecting and granting possible rights to animals, so that their well-being and integrity can be guaranteed, accepting that the animal is primordial for humans and nature, for this reason the notion that humans have had towards these living beings has been changing, making it evident that their protection it depends not only on the creation of government policies, but also on the recognition and value that each individual gives it.