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- ÍtemConsecuencias ambientales con ocasión al monocultivo extensivo de la caña de azúcar en el Municipio de Roldanillo, Valle del Cauca año 2020-2022(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Cartago, 2023-10-02) Mondragón Arcila, Maité; Mónica Andrea García GómezThe expansion of sugarcane cultivation has brought with it a series of serious environmental consequences. The extensive monoculture of this plant, although it is essential for the production of sugar and biofuels, has generated different problems that have a negative impact on ecosystems and local communities, preventing the achievement of environmental justice that is required to assume the effective legal protection of the environment. It was used as a methodology, descriptive documentary review, carrying out a legal analysis of the regulations and management reports issued by local authorities. The results made it possible to find deforestation and loss of natural habitats, soil degradation due to nutrient depletion and erosion, and excessive use of water, which threatens the availability of water resources, as the main environmental consequences; outdated regulations were found, which do not meet the environmental reality that is currently experienced, accompanied by evasive behavior of the authorities for economic or political interests, to enforce the legal provisions that mitigate these harmful effects on the environment It was concluded that the extensive monoculture of this plant has generated a series of problems that negatively impact ecosystems, likewise the need for local authorities and environmental management authorities to update their methodologies and lines of action with real information on the impact that agricultural practices of sugarcane cultivation have on the ecosystems of the area of influence RUT.
- ÍtemEl debido proceso y la vinculación de un ciudadano al procedimiento administrativo contravencional en materia de tránsito y transporte, en Santiago de Cali, entre 2020 y 2022(Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Derecho, Cali, 2023-09) Ardila Sepúlveda, Lenny Katherine; Cardozo Jiménez, Jhonnatan; Garcés Ortega, Johan Misael; Martha Isabel Toro ReinaThe linking of the owner of a vehicle, with which a traffic violation was committed, to the administrative sanctioning process, when photodetection devices are used, has the potential to violate the right to due process. Mainly, in the notification of the owner, without full identification of the offender, are the factors that increase the risk of violation of the right in question. In that sense, the general objective of this research was to study the legal mechanisms designed to guarantee due process in cases where there is no due notification or the owner of the vehicle, who did not commit the infraction, is sanctioned in Santiago de Cali, between 2020 and 2022. To achieve this, a bibliographic review was carried out, including national and international regulations, doctrine and academic research related to the research problem. Thanks to this exercise, it was possible to conclude that, indeed, there is a violation of due process in the cases under study, as recognized by the Constitutional Court in Sentence C-038 of 2020.
- ÍtemDerechos de los niños, niñas y adolescentes en Colombia y la prevalencia de estos sobre las penas privativas de la libertad de sus padres(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bogotá., 2023-09-29) Cubillos Fierro, Luz Helena; Melguizo Díaz, Maria Helena; Carlos Jesús MolinaThe rights of minor children who are children of a person deprived of their liberty generate an obligation of the State to defend the wellbeing of the minor, to promote family unity and not to overlook any of their rights, having the State, as tools, the provisions of national and international laws, always taking into consideration the judicial entities when imposing a custodial measure, the prevalence of children's rights and the guarantees of the State that should not be denied. It is the duty of the State and of the different competent agencies to activate mechanisms to protect minors, and to work continuously on their rights, so that the legal situation of one or both parents does not affect their physical and emotional well-being, their relationship and family life, and their positive development. Children have internationally recognized fundamental rights, such as the right to life, health, education, play and freedom from discrimination. These rights are protected in international instruments such as the Convention on the Rights of the Child and must be guaranteed by States. When a parent is deprived of his or her liberty, the State has a responsibility to ensure that the rights of their children are not affected and to ensure that children can maintain a relationship with their incarcerated parent. This may include measures such as the provision of child care services, visits with their incarcerated parent, and psychological support for the children and their families.
- ÍtemConflictos entre la institución de la expropiación y los derechos de los expropiados(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bogotá, 2023-09) Vega Rondón, Johanna Cecilia; Andres Hernández Morales; Eduardo Andrés Calderón Marenco; Andrés Giovanni Pardo CarvajalExpropriation simultaneously focuses on political interests and state power in private property. When carrying out this investigation on the conflicts between the Institution of Expropriation and the rights of the expropriated, it is possible to compare the reforms carried out to the expropriation and what has been its importance, which gives us a global approach on the purpose of the application this. Thus, our main object focuses on two hypotheses: (i). the most relevant change consists in replacing the tension between public interest and private interest with the tension between local interests and global interests, and (ii). The existence of a relationship between the topics under discussion and the contexts of said discussion.
- ÍtemAccion de tutela y derecho fundamental a la salud durante la pandemia por Covid-19 en Colombia(Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Derecho, Montería, 2023-09-26) Durango Jiménez, Geraldine de Jesús; Yanes Guzmán, Gianela Margarita; Gutiérrez Sánchez, María Camila; Jose David Torrenegra ArizaThis research work was a study that developed the objective of analyze the development of the protection action against the fundamental right to health, during the Covid-19 pandemic in Colombia. The methodology was a legal documentary review, developed based on a descriptive approach, which was analyzed as a result, the evolution of the nature of the right to health in Colombia, taking into account Judgment T-760 of 2008, as well as such as Law 1751 of 2015, which urged the right to health as fundamental in Colombia. The statistical evolution of the guardianship action was also investigated as a mechanism to guarantee the right to health before and during the Covid-19 pandemic in Colombia, and the scope of the guardianship rulings for the guarantee of the right to health was known. during the Covid-19 pandemic in Colombia. The conclusions made it possible to establish that the guardianship action is a transitory and definitive judicial defense mechanism in what covers the protection of the right to health, when this is linked to the affectation of a fundamental right such as life, among others.
- ÍtemEl Estado colombiano y su dualidad frente a los crímenes de poderosos(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bogotá, 2022-11-01) Suárez Díaz, Yenifer Yiseth
- ÍtemAnálisis jurídico a la exploración de la luna desde el programa Artemis(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Medellín y Envigado, 2023-09-22) Cano Diaz, Oscar Andrés; Juan Guillermo Agon LópezThe following research analyzes the possible violation of the rules of international law on the exploration and exploitation of outer space, by NASA's Artemis Program, given the different space activities that are being carried out and are leading to a vertiginous exploration of space and its different celestial bodies. For this, relevant aspects about the origin of the moon are presented, for a better understanding of the processes of exploration, research and possible exploitation of this; as well as the different international treaties that support the space activity of States and private parties, focusing on those related to the approach of this research. For this purpose, a qualitative study is carried out, through three stages that close with a triangulation of the information collected: documentary review, consultation with two experts and final analysis of the researcher. According to the categories of analysis worked, there are some irregularities in the development of the Artemis Program, which allow reflections on it and leave recommendations about it for the actors involved in the activities of the space. This is supported by the information and assessments generated by the experts, to finally recommend an in-depth review of the current regulations, to give it greater rigor and solidity, as well as a more universal and comprehensive vision with respect to this sector.
- ÍtemManual de procedimiento para estudiantes de consultorio jurídico en procesos administrativos de restablecimiento de derechos de menores de edad(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bogotá, 2023) Martinez Mora , Oscar Mauricio; Guzman Barreto , Edward Alejandro; Molina, Carlos JesusThe thesis titled "Procedure manual for law clinic students in administrative processes of restoring the rights of minors" aims to design a procedures manual that is used as a learning model for university students who are engaged in their legal practices at the Colombian Institute of Family Welfare (ICBF). The study is based on empirical research and uses document analysis techniques and interviews with ICBF officials and other key actors to identify the strategies and methodologies necessary to ensure effectiveness in the restoration of the rights of minors in administrative processes. The rules and regulations governing administrative processes for restoring rights are analyzed and the different measures adopted by the ICBF in protecting the rights of minors will be reviewed. The importance of creating a procedure manual lies in the fact that university students can use it as a practical learning model, allowing them to have a clear and concise guide in the process of restoring the rights of minors. In this way, it is sought to contribute to the protection of rights by implementing effective measures and mechanisms for prevention, investigation, punishment and repair of violations of rights; In addition, it is expected to achieve procedural speed in the processes of restoring the rights of minors
- ÍtemLa obediencia debida como causal de exoneración de responsabilidad penal en la comisión de delitos cometidos por miembros de la fuerza pública y los derechos de las victimas(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Barrancabermeja, 2023-09-20) Peña Casas, Nestor Fabian; Manríque Ríos, Alejandro; Pava Nieto, Natalia; Cristhian Javier Gutiérrez MartínezThis legal monograph studies the concept of due obedience as a cause of exoneration from criminal responsibility in contrast to the right of victims in our legal system, focusing its foundation on the idea that certain individuals belonging to the public force, due to their hierarchical position, they can be exempt from criminal liability if it is proven that they acted under superior orders and if certain criteria established in the regulations are met. The authors obtained as a result a monograph resulting from a qualitative documentary research with a descriptive approach that had as its general objective; study the figure of due obedience as a cause for exoneration from criminal responsibility from the perspective of crimes committed by members of the public force in the exercise of their service. For which, through the technique of documentary data collection, its theoretical framework was defined to carry out the analyzes and interpretations of consolidated legal information, to establish the cases in which due obedience validly operates as a cause for exoneration. of criminal liability for members of the public force, when in the exercise of their service they commit some typical conduct, without such concession, they ignore the rights of their victims, regardless of whether their knowledge corresponds to ordinary justice or military criminal justice.