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Ítem Nulidad del acto administrativo electrónico expedido por SECOP II con ocasión al contrato estatal y la adjudicación del proceso en la actualidad.(Universidad La Gran Colombia, 2023-06-20) Solano Triviño, Mallory Alexandra; Díaz Sierra, Hector Dairo; Ceballos, AdrianThe methodological design is made up of the evaluative method, taking into account that the general objective is to evaluate whether the electronic administrative act issued by the SECOP II platform is null and void for not complying with the requirements of Law 1150 of 2007 on the occasion of to the state contract and the adjudication of the process at present. Added to this, legal dogmatic research was used, thus being the most appropriate connection for the present investigation corresponding to the questioning that arises about the electronic administrative act issued by the SECOP II platform. In addition, qualitative research is proposed for which it is intended to apply the jurisprudential line approach as an instrument for collecting information. Due to the current operation of the platform, for the issuance of pre-contractual administrative acts (opening resolution, final specifications, addendums, resolution of sanitation, resolution of suspension of the selection process, award resolution), and the contract, you can affirm that SECOP II is not a transactional platform, since to achieve its operation at one hundred percent, as well as the constitution and organization of the electronic file; It is necessary for entities and providers to load the documentation.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 Políticas públicas para el manejo de animales abandonados y/o maltratados en Bogotá(Universidad La Gran Colombia, 2023-11) Moya Díaz, Jenny Carolina; Barragán Ferro, Diego DavidThis work aims to analyze the implementation of public policies for the protection of abandoned and/or abused animals in the city of Bogotá, Colombia. Animal welfare and protection are increasingly important issues in today's society, and it is expected that public policies will play a fundamental role in promoting and guaranteeing their rights. The results of the analysis show that while there have been significant advances in legislation and the implementation of public policies for animal protection in Bogotá, important challenges still persist. Limitations in resource allocation, lack of inter-institutional coordination, and the need to strengthen surveillance and control mechanisms are identified. In conclusion, this study highlights the importance of continuing to improve the implementation of public policies for the protection of abandoned and/or abused animals in Bogotá. It is recommended to strengthen the institutional structure, increase available resources, and promote active participation of civil society in seeking sustainable solutions. Additionally, the need to raise awareness among the population about the importance of animal welfare and promote responsible adoption as an alternative to abandonment is emphasized.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 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 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 La Interpretación De La Teoría De La Probabilidad Hecha Por La Corte Suprema De Justicia Sala De Casación Penal, En La Sentencia 32964 Del 25 De agosto De 2010 (Caso Del Piloto) Y Su Comparación Con La Postura Dogmática Del Dr. Percy García Cavero(Universidad La Gran Colombia, 2022-10-01) FIGUEROA HERNANDEZ, JHONATAN ARLEY; Quintero, Camilo AlbertoThe purpose of this research is to compare the interpretation of the "theory of probability or representation" made by the Supreme Court of Justice Criminal Cassation Chamber (hereinafter, CSJ) in judgment 32964 of August 25, 2010, with the dogmatic interpretation of the Theory of Probability according to Dr. Percy García Cavero. The Theory of Probability is one of the theories of subjective imputation currently applied in several criminal systems and has a foothold in the Colombian legal system thanks to the legal precept that defines malice in the Criminal Code (Law 599 of 200), Article 22. This theory is established as a founding element of the dogmatically and jurisprudentially denominated Eventual Dolo. Methodology: This is a qualitative, analytical, interpretative and descriptive research. Results: After examining the theoretical basis of the research, it is clear that the interpretation of the Probability Theory made by the CSJ in sentence 32964 differs structurally from the dogmatic interpretation made by Dr. Percy García Cavero. The CSJ established, indirectly, by applying its interpretation of the Probability Theory, some differentiating criteria between the eventual Dolo eventual and the guilt with representation or conscious. Conclusions: The different differentiating "criteria" established by the CSJ, lack Dogmatic support and in the same sense its interpretation of the Probability Theory applied to the eventual Wrongful Death tends to be confusing. It is pertinent that judicial decisions, especially those of this honorable Court are oriented and attend to an adequate interpretation of the legal theories applicable in the Colombian legal-legal system, making use of all the tools of analysis, especially dogmatics.Ítem UNIÓN MARITAL DE HECHO UN NUEVO ESTADO CIVIL Y SUS EFECTOS PATRIMONIALES(Universidad La Gran Colombia, 2022-07-16) Urrego Chitiva, Myrian Balbina; Cuervo Real, Alfonso Dionisio; CAICEDO FRAIDE, EDER MAYLORThe purpose of this research work is to analyze the civil status of the de facto marital union and its patrimonial efectos in relation to the marital partnership and to identify the types and mechanisms that regulate such civil statuses. The de facto marital union is a form of cohabitación between couples that has become a common phenomenon in our country which has legally admitted the recognition of rights to permanent partners, heterosexual and homosexual protected under a patrimonial regime with civil effects. Therefore, it is necessary to review the differences between the conjugal partnership and the de facto marital union in Colombia.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 Síndrome de alienación parental en el municipio de Caqueza Cundinamarca(Universidad La Gran Colombia, 2022) Parrado Navia, Hercilia; Camacho Peñarete, Eliana Gineth; Paz, JafethThe following research will study the issue of parental alienation in the municipality of Cáqueza (Cundinamarca). Based on the social need generated by the high rates of domestic violence and divorces processed in the national territory during the COVID-19 pandemic. Since, in this context of instability, an environment conducive to the dissolution of families and the violation of fundamental rights for girls, boys and adolescents is created. To study this phenomenon, it is proposed to understand how Parental Alienation affects family relationships, Identify if the judicial operators of the municipality of Caqueza are able to detect the Parental Alienation syndrome, and if they take it into account when resolving family legal conflicts , and evaluate the efficiency of the current instruments aimed at identifying the Parental Alienation syndrome in the midst of judicial processes that compromise the rights and mental health of children and adolescents in the municipality of Caqueza in accordance with the principles of special protection of minors and non-revictimization.Ítem La legitima defensa frente al sistema penal acusatorio(Universidad La Gran Colombia, 2021) Martinez, Cristian David; Latorre, Carlos FernandoThe problem of a defense or better call and / or known as the legitimate defense in a state that carries us as the Colombian is, increasing and to a certain extent to the detriment, since at present there is a completely hypothetical knowledge already sometimes even credible in certain circumstances. This to the extent that the community determines that "the law / justice is useless", but what do social problems have to do with legitimate defense? According to the community, a person who commits a certain crime must go to pay some kind of conviction without obtaining any type of defense or benefit, leaving aside the presumption of innocence and, in a certain part, the rights that the political constitution of Colombia grants us. Self-defense is understood as a classic figure of criminal law which is stipulated in the Colombian penal code (law 599 of 2000, article 32), this means being absent of responsibility for the person / individual who develops an act that is prohibited by Colombian law. The legitimate defense determined as a right that is not precisely proper, but arises through a circumstance in which a legal asset is in danger, this is executed when you want to exonerate a person from an accusation or a crime that for self defense committed. The Colombian penal code determines that unjust aggression, and the defense must be proportionate to the action. According to the conditions to be mentioned in this project, which if they are not met are determined as a crime, that is, if I am defending myself or I am defending a third party, I cannot exceed the means of the aggressor and revenge cannot be planned, this is better known as a principle of proportionality and imminence. On the other hand, the pronouncements of the Supreme Court of Justice will be of vital importance, which through its Jurisprudence has created an extensive jurisprudential line concerning the Legitimate Defense, with a legal framework that will guide us to the fulfillment of the objectives. In addition, a cross-sectional study of the most representative Judgments that have set precedents will be carried out to determine the specific criteria of Legitimate Defense. Finally, we will address our attention in the most representative cases of Legitimate Defense in the Municipality of Arauca, based on jurisprudence and the use of the interview as a means of collecting information that will allow us to know and substantiate in a detailed way information that will enrich our investigation.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 Políticas públicas para el manejo de animales abandonados y/o maltratados en Bogotá(Universidad La Gran Colombia, 2023) Moya Díaz, Jenny Carolina; Barragán Ferro, Diego DavidThis work aims to analyze the implementation of public policies for the protection of abandoned and/or abused animals in the city of Bogotá, Colombia. Animal welfare and protection are increasingly important issues in today's society, and it is expected that public policies will play a fundamental role in promoting and guaranteeing their rights. The results of the analysis show that while there have been significant advances in legislation and the implementation of public policies for animal protection in Bogotá, important challenges still persist. Limitations in resource allocation, lack of inter-institutional coordination, and the need to strengthen surveillance and control mechanisms are identified.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 La prueba electrónica, un reto para los operadores jurídicos a la luz del principio de equivalencia(Universidad La Gran Colombia, 2021) Reyes Fernández, Andrea Clementina; Rodríguez Agudelo, Alba Inés; Castañeda, Sandra MarcelaAbstract This research analyzes the effectiveness of the application of the equivalence principle regarding the efficiency of the digital evidence in the Colombian administrative procedure. The objective pursues to determine the inconvenient that entail the application of those norms with respect to the resource of the digital evidence. The research is based on a review of the national and international norms ratified by Colombia. In that way, the methodology implemented was the investigation line of the theory of right to the justice and politics. Thereby, information from different sources like books jurisprudence, webpages and documents related to the digital evidence was obtained. Regarding the investigation problem and through the sources used, the aspects that affect the relations between the public administration and the associated applicable departments when differences in front of the application of the principle of equivalence of the digital evidence are presented. This analysis allows us to understand the legitimacy and efficiency of the digital evidence in the administrative processes in the light of the increase and development, worldwide, of the use of technological means that promote communications and relations between subjects established without the support of hard copies. As a conclusion, the need to make a review and update in the national and international jurisprudence can be seen to favor the use of this kind of evidence conducted by the experts on TIC whose purpose is to support the principle of equivalence in the administrative processes regarding the efficacy and legitimacy of the digital evidence.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.Ítem LEY 1098 DEL 2006 CODIGO DE INFANCIA Y ADOLECENCIA EN EL PROCESO ADMINISTRATIVO DE RESTABLECIMIENTO DE DERECHOS(Universidad La Gran Colombia, 2022-07-05) GARZÒN MORALES, DANNA VALENTINA; QUITIAN FONSECA, LAURA GERALDINE; Caicedo Duarte, Eder Maylor; Caicedo Duarte, Eder MaylorÍtem 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 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 INDEBIDA APLICACIÓN DE LA CONTRATACIÓN DIRECTA BAJO URGENCIA MANIFIESTA.(Universidad La Gran Colombia, 2023-05-06) Casas, Alejandra; Sànchez, John Jairo; Calle, Carolina; Calle, CarolinaIn this article, it will be established how in Colombia, on the occasion of the declaration of health emergency due to the COVID-19 pandemic by the OMS, state contracts were entered into through the direct contracting modality, in many cases, ignoring the minimum requirements to configure the declaration of manifest urgency, for this purpose, the basic normative aspects of direct contracting will be established, as well as the configuration of the exception invoked, analyzing recent cases investigated in Colombia. For this purpose, we will review three (3) cases, such as Calarcá, Guaduas and Chocó.