Derecho

Browse

Recent Submissions

Now showing 1 - 20 of 67
  • thumbnail.default.alt
    Item
    Afectación a la progresividad laboral, por la regla de solución de continuidad en los contratos de prestación de servicios.
    (Universidad Antonio Nariño) Godin Zabala, Evelyn Tatiana; Gómez, Efraín
    On September 9, 2021, the Consejo de Estado Colombiano (CE) with sentence SUJ025-CE-S2-2021, establishes a jurisprudential sub-rule, determining the continuity solution at 30 business days, between the existence of a contract and the execution of the following. From the analysis it can be deduced that the establishment of this jurisprudence by the EC violates the principle of labor progressivity.
  • thumbnail.default.alt
    Item
    El cumplimiento de las obligaciones financieras derivada de los criptoactivos, obligación de regulación en el marco jurídico colombiano.
    (Universidad Antonio Nariño) Mesa Fajardo, Jeimmy Alexandra; Roa Diaz, Fernando Alonso
    In the research project whose general objective is Analyze the foundations for a regulatory mechanism for the implementation of Cryptocurrencies in internal trade that guarantees legality in the fulfillment of financial obligations in the State of Colombia, analytical and descriptive research is combined to professionally delve into this topic that is currently very much in vogue.
  • thumbnail.default.alt
    Item
    Valoración y cumplimiento de las normas existentes con relación a la contaminación atmosférica en la ciudad de Neiva
    (Universidad Antonio Nariño) Cajiao Morales, Natalia; Cardozo, Hector Mauricio
    One of the great problems that man has generated, in his process of evolution, is associated with environmental pollution as a result of the accelerated consumption of everything type of goods and services products that in their entirety generate high-impact waste and whose decomposition times can take up to thousands of years, which bring about consequences on the quality of life of the population. Air pollution is one of these problems that affects to a greater or lesser extent proportion to all large cities, and refers to the presence in the atmosphere of substances that cause serious inconvenience, risk or damage to human beings and property of any kind. nature, that is, animals, plants and artificial material objects; its damage level is associated with the quality and quantity of the substances that are emitted into the atmosphere by, mainly, human sources classified as fixed or mobile; hence the Law of environment contains different instruments aimed at controlling the quality and quantity of these substances in the air, such as standards for air emission and immission levels.
  • thumbnail.default.alt
    Item
    Estrategias de información y educación sobre entornos alimentarios saludables, implementadas por la Comisión Intersectorial de Seguridad Alimentaria y Nutricional (CISAN) y las Instituciones Educativas de Secundaria en Neiva – Huila.
    (Universidad Antonio Nariño) Castro Hermosa, Alvaro Andrés; Guzmán Arteaga, Jesús Hernando; Chaguala Atehortua, Carlos Eduardo; Sánchez Guarnizo, Jorge Enrique
    This research proposal is based on recognizing the relevance that has currently charged the right to healthy eating, due to the high rates of mortality from non-communicable diseases that occur around the world, such as result of the consumption of ultra-processed foods and sugary drinks. The aforementioned problem has led to the legislative agenda in different countries Focus your efforts on promoting healthy eating habits. A clear example of this, is law 2120 of 2021 of the Congress of the Republic of Colombia, where establish measures to prevent non-communicable diseases and promote healthy environments healthy foods, through information and education strategies that permeate different social settings, but with special emphasis on educational institutions public and private. Taking into account the above, the general objective of this research analyze the information and education strategies contained in Law 2120 of 2021, on healthy food environments, in secondary educational institutions in Neiva – Huila. To achieve the stated purpose, a methodology has been designed with mixed approach, and the use of documentary information collection techniques and survey.
  • thumbnail.default.alt
    Item
    Desarrollo jurídico sobre la Garantía de los Derechos de los hijos de crianza en Colombia.
    (Universidad Antonio Nariño) Leal Másmela, Laura Valentina; Sanchez Guarnizo, Jorge Enrique
    The rights of Foster Children have been recognized by Colombian doctrine and jurisprudence, however, the legislator has not given sufficient guarantees for this subsidiary structure to enjoy equal rights as those children recognized by biological or adoptive ties. , as highlighted in judgment T-070 of 2015: "(...) pluralism and the evolution of human relations in Colombia, has as a consequence the formation of different types of families, different from those that are considered traditional, as was the biological family. Therefore, it is necessary for the law to adjust to legal realities, recognizing and providing protection to those family relationships where people are not united solely and exclusively by legal or natural ties, but by de facto situations, which arise by virtue of the ties of affection, solidarity, respect, protection and assistance.” (p. 2). It is for the above, that it is proposed in this scientific-legal research to analyze the legal development in Colombia regarding the guarantee of the rights of foster children, and to achieve this it is necessary to apply a methodology with a qualitative approach; whose purpose is to collect information from scientific literature, jurisprudence and national and international doctrines, to know how far this topic has advanced in the scientific-legal field, adding to the above; analysis of new jurisprudential lines, as well as a brief legal-comparative look between the United States and some Latin American countries. All the above, with the purpose of presenting, within a scientific-legal panorama, strategies that will contribute to the regulation of the rights of Foster Children in Colombia.
  • thumbnail.default.alt
    Item
    La Reparación Integral y las Víctimas del Conflicto Armado en el Marco de la Ley 1448 de 2011
    (Universidad Antonio Nariño) Cabrera Serrano, Pablo César; Sanchez Guarnizo, Jorge Enrique
    Throughout the history of Colombia, the internal armed conflict has been the issue that has gained the most relevance in recent decades at the different levels of the National Government, and Colombians have not been oblivious to this phenomenon; In this way, the study objective of this monograph focuses on developing an analysis of Law 1448 of 2011 from the following actions: reviewing its historical component; stressing chronologically, with notable events that gave rise to its creation, the expectations during its approval and how the procedure has been defined and applied since its entry into force; finally, reviewing both the regulatory component and the jurisprudence. This document tries to establish and explain concepts that have been defined by the high courts regarding comprehensive reparation in Colombia under the legal framework of Law 1448 of 2011, and its distinctions compared to other jurisdictions.
  • thumbnail.default.alt
    Item
    Aplicación de la ley 1696 de 2013 frente a las infracciones tipo F en el departamento del Huila para el 2018 y 2019
    (Universidad Antonio Nariño) Bonilla Serrato, Pamela Stefany; Murcia Perdomo, Juan Sebastián; Perdomo Herrera, Alain
    Given the importance of regulating the driving of a motor vehicle under the influence of alcohol, which is directly associated with the increased risks generated by driving under the influence of alcohol, and in turn the serious danger to the rights and interests of the subjects interacting on public roads, law 1696 of D ecember 19, 2013 becomes a strategy to punish such behaviors; the following research project refers to the study of the "Errors in the application of the law 1696 of 2013 against type F infractions, in the department of Huila for 2018 and 2019" ; the metho dology proposed by the authors proposes a descriptive identify the factors that lead to the non-- transversal study of qualitative type in order to materialization of contraventions due to administrative type errors in a sample of 10 contraventional rulings. The results show the existence of type errors, incomplete documentation among others; it is concluded that the misdemeanor processes analyzed present administrative errors against the protocols defined by the National Institute of Forensic Medicine and Fo rensic Sciences (INMLCF)
  • thumbnail.default.alt
    Item
    Impacto del parque crematorio San José en la calidad del aire del corregimiento el venado de Neiva. análisis desde la perspectiva sociojurídica.
    (Universidad Antonio Nariño) Aranzázu Mesa, Fabio Alejandro; Díaz Sarmiento, Oscar Julian; Mendoza Vega, Camilo Andrés; Sánchez Guarnizo, Jorge Enrique
    Cremation is the practice of legally cremating a dead human body through the combustion process; This activity stands out from the traditional burial because it is cheaper, since the corpse is reduced to ashes and stored in a container that the family can dispose of wherever they want. unlike the daily burial, in which the relatives of the deceased must buy or rent land in specific places for the final disposal of the remains of the deceased. Therefore, it is appropriate to carry out a detailed study on this activity. For this, it is necessary to examine the reasons that have made its use so common today. Despite this popularity, cremation has a long history, there was even a time when it was considered unclean, prohibited and punished. So in the spirit of obtaining more knowledge on the subject, a chronological analysis will be carried out from the times of its origin to the present.
  • thumbnail.default.alt
    Item
    Pasantía Maestría en Criminología y Conflicto
    (Universidad Antonio Nariño) Saavedra Aguirre, Oscar Alexander; Cuenca Tovar, Ronald
  • thumbnail.default.alt
    Item
    Niñez apátrida: una consecuencia de la migración en Latinoamérica
    (Universidad Antonio Nariño) Suarez Albañil, Claudia; Rodriguez Navarro, Edwin
    People who, for social, political, economic or violent reasons, find it necessary to leave their country of origin generate massive migration policy problems in the States where they seek asylum. Colombia is a country with innumerable social situations related to the exodus, being one of the countries that, in recent decades, has received the largest flow of citizens belonging to other countries, who for mostly socioeconomic reasons are forced to leave their place of residence. birth. Venezuela is one of the states that has been most affected by the departure of citizens from their country. The precarious economic and social conditions have led its inhabitants to the need to find solutions in neighboring countries like ours. Colombia has had to implement specific actions that are oriented to the care of the Venezuelan population due to the exponential growth of the transfer of inhabitants of this country to the national territory. It should be clarified that, as mentioned by the United Nations High Commissioner for Refugees (UNHCR), it considers that the majority of Venezuelan nationals are in need of international protection under the criteria contained in the Cartagena declaration, based on the threats to his life, security or freedom resulting from events that are currently seriously disturbing public order in Venezuela. Said like this, the diagnosis of the forced and disproportionate migration to which the Venezuelan population is subjected must be taken into account. Where the majority are in a state of need and protection. As a consequence of the unimaginable number of inhabitants arriving daily in the country, legislative phenomena are produced that leave many of those who seek protection in an orphaned condition. Many children born among migrants turn out to be children of no legislation, they are not protected by the government they are fleeing from, but the government they are going to does not accept them either, because they were not born there, they did not show residence, they are called stateless.
  • thumbnail.default.alt
    Item
    Comisión Séptima Constitucional Permanente
    (Universidad Antonio Nariño) Ricaurte Perdomo, Juliana; Rodriguez Navarro, Edwin
    The procedure that must be developed in the commissions and in the plenary in the Congress of the Republic is the one stipulated in Law 5 of 1992: Regulations of the Congress of the Republic of Colombia. However, for pedagogical purposes of the Student Congress Model, the implementation of the procedure will have flexibility to achieve the proposed academic objectives. This procedure will be explained extensively in the initial conference, for learning about the need for a legislative procedure. popular representation in making transcendental decisions for a State is an idea that is handled strongly from the Greco-Roman civilizations. It is catalyzed by the French Revolution. There, with the postulates of equality, fraternity and freedom, together with the idea of ​​a united society, a form of power is molded where the people will be able to decide on the course of the nation, leaving aside the absolutist system.
  • thumbnail.default.alt
    Item
    acompañamiento y asistencia de la división jurídica de la cámara de representantes.
    (Universidad Antonio Nariño) Saavedra Parra, Paula Alejandra; León, Albin Fabian
    As a student of this valuable institution, the Antonio Nariño University, I am proud to be the first to carry out the internship in the honorable Congress of the Republic, opening the doors to my University institution and making the first agreement so that all my colleagues have access to this wonderful experience. , enter directly to the House of Representatives and its Legal Division located in the administrative building doing my corresponding internship in the contracting area , they gave me a lot of growth as a professional since they helped me expand my knowledge on the issues it covers , as is Public Law and state contracting, this allowing me to learn more in depth how contracting is carried out in the House of Representatives, both on public and private issues and that are of great importance to each of the Colombians.
  • thumbnail.default.alt
    Item
    Pasantía con Equipo de Acompañamiento y Representación Común
    (Universidad Antonio Nariño) Toro Robles, Luis Fernando; Gómez, Efrain
    The possibility of having completed internships in an entity such as the Commission Colombiana de Juristas gave me a lot of growth as a professional every time I I help to expand my knowledge in the topics that it covers, such as Law Humanitarian, International Human Rights Law, Special Jurisdiction for Peace, Transitional Justice and History of our internal armed conflict and how it is has developed in the country. This allows me to know more in depth topics that are latent today and that are very important to treat our armed conflict.
  • thumbnail.default.alt
    Item
    LA CORRUPCIÓN DESDE UNA MIRADA METAJURÍDICA Artículo de reflexión sobre la corrupción por psicopatía
    (Universidad Antonio Nariño) Morales Pinilla, Andrés Camilo; Rodríguez Puentes, Marcos
    In Colombia, there is a legal framework that includes regulatory and legal developments aimed at to fight against the phenomenon of corruption, however, it still persists and is presented to the within entities at the national, regional and local levels. Reason why the present article intends to see corruption from a much deeper perspective, that is, from a psychological perspective, which implies establishing a form of corruption control by psychopathy and that acts of corruption are not committed, on the understanding that understanding of a phenomenon is an unavoidable requirement for its transformation.
  • thumbnail.default.alt
    Item
    Decisiones de carácter sancionatorio proferidas por la Superintendencia de Industria y Comercio para la protección de los datos personales en Colombia entre los Años 2014 a 2019
    (Universidad Antonio Nariño) Figueroa García, Deidy Katherine; Pérez Velasco, Martha Lucia; Perico Rodríguez, Juan David
    In this work, the documentary analysis of the sanctioning decisions that have been issued by the Superintendency of Industry and Commerce during the years 2014 to 2019, developed in light of Law 1581 of 2012 and its Regulatory Decree 1377 of 2013, is carried out. Regarding the protection of personal data in Colombia. We begin with the identification of the project, the formulation of the problem, the general and specific objective to be developed. The frame of reference is exposed through writings and articles by different authors who analyzed the evolution of the law of Habeas. After understanding the development in the Colombian context, the legal and regulatory framework regarding personal data is presented, identifying a regulatory framework, the norm and the issues that regulate it. The approach to law is supported by the theoretical vision of the French sociologist Pierre Bourdieu, who conceives of law from the perspective of legal fields. The legal framework addresses the interpretation of the 15th Constitutional fundamental right that all people have to their personal, family and good name. Finally, the work on the development of the specific objectives is supported: first, the structure of Law 1581 of 2012. Second, the presentation of the information from the analysis of the documentary review of 94 sanctioning decisions issued by the SIC during the years 2014 to 2019, identifying the facts and omissions of those in charge of the processing of personal data within the framework of General Law 1581 of 2012.
  • thumbnail.default.alt
    Item
    ¿Se ha dado cumplimiento al Decreto 1122 de 1998, para la implementación de la Cátedra de Estudios Afrocolombianos consagrada en la Ley 70 de 1993 en los Colegios Públicos del Municipio de Puerto Tejada Cauca en el periodo comprendido entre el año 2013 y el 2019?
    (Universidad Antonio Nariño) Moreno Sánchez, Dairon Alexande; Morales Cabarcas, Rosario Del Carmen; Castellanos Bojacá, Jimena Catherine
    In the following paper, we analyzed compliance of the decree 1122, from 1998. This covers the implementation of the chairperson of Afro-Colombian studies relating to law 70 from 1993 in the public schools of the town of Puerto Tejada Cauca during the period of 2013 to 2019. Through the conceptual review and regulations of the chairperson as a tool that would promote the rights of Inclusion and cultural identification of the black population. Multiple interviews were undertaking with the educated of the institution in their relevant fields of researching with the entities involved in the implementation of the chair; The information provided was collected, interpreted and analyzed to determine the methodologies, barriers and recommendations presented to the institution of the town.
  • thumbnail.default.alt
    Item
    Familia poliamorosa, género y violencia intrafamiliar
    (Universidad Antonio Nariño) Sandoval Zambrano, Valentina; Segura Delgado, Kevin; Farias Sánchez, Luis Porfidio
    Polyamory is the philosophy and practice of loving several people simultaneously in a nonpossessive, honest, responsible and ethical way. It emphasizes consciously choosing how many people you want to be involved with instead of accepting the social norms that dictate loving only one person at a time; in this conceptualization of new family models, nuclei are woven which by their nature face multiple problems as a result of non-acceptance by society. Other problems are associated with intra-family violence that occurs within the framework of these nuclei, which makes it complex to determine a legal position, since in Colombia this issue is new, although at the international level it dates from the nineteenth century; hence it is necessary to understand the concept, forms of violence and gender in order to have greater clarity about this family model.
  • thumbnail.default.alt
    Item
    Fallo 063 – 2018: la muerte de Luis Ángel Ramos Claros, interpretada desde el tipo penal de feminicidio en Garzón Huila.
    (Universidad Antonio Nariño) Muñoz Lozada, María Alejandra; Muñoz Lozada, Fabiana; Farias Sánchez, Luis Porfidio
    With the present investigative article, the intention is to analyze the ruling issued by the Second Penal Court Of The Garzon Circuit, by which it condemns Mr. Davinson Stiven Erazo Sánchez for the crime of femicide, after having caused the death of Luis Ángel Ramos Claros who towards part of the LGTBI+ community. Due to the above, the scope of Law 1761 of 2015 "Rosa Elvira Cely" regarding Feminicide vis-à-vis the Transgender community will be addressed, each time the behavior framework against gender identity in the providence object of analysis, genders an impact of importance in our society and in the rights that the LGTBI+ community seeks in Colombia, for this reason, we will delve into ¿why the crime of homicide of a person who was legally male, but whose identity is always Rooted in the female gender?
  • thumbnail.default.alt
    Item
    Regulación jurisprudencial de la pensión de sobrevivientes con distintas formas de convivencia del pensionado fallecido de los años (2009-2019)
    (Universidad Antonio Nariño) Pedrozo Solano, Sonia Zoraida; Eslava Suarez, Luis Horacio