Derecho

URI permanente para esta colección

Examinar

Envíos recientes

Mostrando1 - 10 de 1831
  • Ítem
    Derecho a la educación y su priorización por parte del estado colombiano en el marco de la emergencia sanitaria (2020)
    (Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Derecho, Cali, 2022-12) Arboleda Córdoba, Leydy Yohana; Grisales Valencia, Sandra Jimena; Piedrahíta Trujillo, Kelly Tatiana; González Ríos, Juan Felipe
    The question: How was the right to education prioritized by the Colombian state in the framework of the health emergency (2020)? guided the development of this research, which assumes the qualitative method and some approaches such as the legal partner, complex thinking and the interpretation of the social from the law. In this sense, what concerns the contextualization of the right to education was addressed, in the pandemic season, evidencing the need to implement measures that affect its guarantee, in any situation. In this way, it was concluded that Colombia has issued various documents regarding how to guarantee national education, but this profusion has not become a real practice at the time of concretizing it in the social reality of the country, which was very evident. during the pandemic period.
  • Ítem
    Guía teórica práctica para el trámite del procedimiento verbal abreviado ante los inspectores de policía desde la perspectiva de los consultorios jurídicos
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Barrancabermeja, 2023-01-26) Montañez Rangel , Edgar David; Borjas Espindola , Angelica María; Fayad Sandoval , Freddy Fernando
    Between the months of July 2021 and June 2022, the Congress of the Republic of Colombia issued a series of laws that aim to reform some of the ways of applying the Law in concrete substantial and procedural contexts, rethinking it in this way; the functional competencies of the legal clinics of the law schools of higher education institutions (Law 2113 of 2021), as well as the civil procedure, which, with the adoption of measures to implement information and communication technologies in judicial proceedings, is now predominantly virtual (Law 2213 of 2022), as well as the management and processing of the conflict resolution mechanism known as extrajudicial conciliation in law, whether it is used or not, as a procedural requirement (Law 2220 of 2022). Set of legal regulations that come to incorporate, modify and/or replace the legal system a series of practices, actions and tasks that must be assumed, both by those who practice the profession of lawyers, and by those who are currently being academically trained to be so. Thus, the entry into force of these legislative reforms poses a deficit in their academic training for those who have been training as lawyers, given that the curricula do not change as the laws change. Hence, when facing the law student to a practice scenario such as the one they must perform in the Legal Clinics, they lack some knowledge and skills that are essential to guarantee the beneficiaries of these services a suitable and effective management, which it has a negative impact on the permanent processes of interaction and integration with communities and social sectors that take place in the practical learning scenarios that these clinics are. Therefore, this research addressed the study of the problem triggered by this training deficit under the hypothesis that it can be reduced through the implementation of a series of theoretical-practical guides in subjects in which students do not have sufficient preparation. to provide them with resources that allow them to perform competently. Therefore, this research, characterized by being of a documentary type with a qualitative approach, which consisted of the hermeneutic and systematic analysis of legal literature, identified the set of practical theoretical guidelines to develop this guide as a reference tool for law students. who carry out their practice in the Legal Clinic through the compilation and analysis of the set of legal documents that make up the regulatory framework of the activity of the Legal Clinics and the substantive and procedural rules that regulate the object and scope of the police process abbreviated word.
  • Ítem
    Derecho a la libre movilidad de las personas con discapacidad visual en el Distrito Especial de Santiago de Cali, Colombia.
    (Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Derecho, Cali, 2022-11) Castaño Villota, Lady Viviana; González Villegas, Steffany Lucia; Parra Campiño, Mayra Alejandra; Urbano Guzman, María Karolina
    The objective of this thesis is to identify the current state of compliance with the guarantee of the right to mobility of visually impaired people of the Special District of Santiago de Cali (Colombia), understanding that it is the duty of the State to provide the necessary guarantees so that all citizens can exercise this right, since the preamble of the Constitutional Charter commits to ensure equality, life and liberty of all Colombian citizens.
  • Ítem
    Análisis del desarrollo normativo y jurisprudencial del principio de progresividad dentro del traslado de regímenes pensionales en Colombia desde la entrada en vigencia de la ley 100 de 1993 hasta la jurisprudencia emitida por la Corte Suprema de Justicia y la Sala de Casación Laboral hasta el año 2021.
    (Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Derecho, Cali, 2022-11) Marín Guzmán, Gilmer; Martinez Agudelo, Anyela; Molina Beltrán, Zuly Marcela; Rivera Unas, Lina Fernanda
    The present investigation has focused on the normative and jurisprudential development of the principle of progressivity within the transfer of pension regimes in Colombia from the entry into force of Law 100 of 1993 until the jurisprudence issued by the Supreme Court of Justice and the Chamber of Cassation. Labor until the year 2021
  • Ítem
    La Reparación Integral frente al Derecho a la Memoria en el Acuerdo Final de Paz en La Habana
    (Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Derecho, Cali, 2022-11) Guerra Quintero, Carlos Efraín; Peña Cuervo, Juan José
    In this research the topic to be addressed will be, Integral Reparation versus the Right to Memory in the Final Peace Agreement in Havana, a right enjoyed by the victims of the armed conflict in Colombia, the main problem will be to establish to what extent the government promulgates and guarantees the rights of the people who are considered victims, The Final Agreement is based on doctrines exposed by different authors, in this way to make known the right to Memory as a main axis that guarantees that these atrocious acts that have been a consequence of the war in our country, will not be repeated, and that they will not be forgotten.
  • Ítem
    Ley 1996 de 2019: un análisis de la adjudicación de apoyos a las personas con discapacidad y sus principales implicaciones jurídicas frente al principio de la autonomía
    (Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Derecho, Cali, 2022-11) Jaramillo Pantoja, Mariela del Carmen; González Ríos, Juan Felipe
    Law 1996 of August 26, 2019 establishes that adults with disabilities have legal capacity under equal conditions, without distinctions of any kind, thereby guaranteeing respect for human dignity, autonomy and freedom to make decisions. and the performance of legal acts regardless of whether or not it uses supports. Adults with disabilities enjoy legal protection in Colombia, as evidenced in articles 13, 25, 47, 48, 49, 54 and 68 of the Political Constitution express a series of measures that call for protection, care, support and social integration of people with disabilities.
  • Ítem
    Aplicabilidad de la causal primera en el recurso extraordinario de casación frente a la protección de las pensiones en Colombia
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Maestría en Derecho del Trabajo y de la Seguridad Social, Ibagué, 2022-12) Herrera Rengifo, Kelly Yojana; Valero, Oscar Miguel; Paez Quiñones, Jorge Andres
    In Colombia the extraordinary resource of cassation is protective and law substantial guarantor. While that is understood as transgressed because of a firm judicial decision, inside of an ordinary trial, the affected side who noticed a violation and pretends to repair the suffered grievance, will use it sustaining it according to the indicated technique in the XV Chapter of Labor Procedural and Social Security Code, in view of the Justice Supreme Court, in its different halls of Knowledge. The maximum ordinary branch jurisdiction reviews the legality of the imposed sentence to its knowledge, not the substantial right posed initially by each side, unless the subject to appeal fulfills formal demands, and through them prove mistake committed by the judge; Event supported with court cassation faculties will know the debated substantial right.
  • Ítem
    Guía teórica práctica para el trámite y el litigio del proceso ejecutivo desde la perspectiva de los consultorios jurídicos
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Barrancabermeja, 2022-11) Jaimes Robles, Katherin del Pilar; Osuna Mantilla, Camila Andrea; Fayad Sandoval, Freddy Fernando
    On July 29, 2021, Law 2113 came into force, by means of which the operation of legal clinics of higher education institutions is regulated, which implies significant changes both in the catalog of services offered by these entities as in the qualities, skills and competencies that law students must have that will provide such services as part of their professional training process. Thus, and given the nature of academic practice centers in which law students from the seventh semester, under the supervision, guidance and coordination of the teaching staff, provide a mandatory and free service of legal assistance to subjects of special constitutional protection who lack the economic means to hire the services of a legal professional. It is that the development of a series of theoretical-practical guides is required on the matters that, in accordance with this new law, are now the responsibility of the Legal Clinics, thus contributing to the institutional effort to train competent professionals to respond to the world dynamics. In that order of ideas, this research developed a practical theoretical guide for the management, processing and litigation of the executive process from the perspective of the legal clinics, a legal process with high demand among the users of these Clinics, through which They establish for the student members of the Legal Office a set of guidelines, criteria and indications that contribute to their academic exercise while they acquire knowledge and develop competencies, skills and ethical values for the ideal development of the legal profession for the benefit of those people. that due to their conditions of vulnerability require the assistance, support and advice of those who study the law. The guide outlines various scenarios and casuistries with particularities that must be taken into account by students when receiving the case through the user's interview to define the path of care, that is, if it will be processed through the conciliation center and/or as a judicial process, and thereby define what essential annexes and evidence must be provided by the applicant to carry out their work. Issues that due to their specificity are not deepened in the theoretical sessions of the procedural law course classes. Likewise, the guide also addresses and develops the new procedural aspects that the recently sanctioned Law 2213 of 2022 incorporated into the civil process, through which the permanent validity of legislative decree 806 of 2020 is established and measures are adopted to implement the technologies of information and communications in judicial proceedings, streamline judicial processes and make service to users of the justice service more flexible. Also, the conciliation aspects that Law 2220 of 2022 introduced to the system of alternative conflict resolution mechanisms, by means of which the conciliation statute is issued and other provisions are dictated.
  • Ítem
    La garantía del acceso a la justicia digital de las personas en situación de discapacidad sensorial
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Barrancabermeja, 2022-11) Mier Mendoza, Mayra Everlides; Pardo Uribe, Germán; Jimenez Paternina, Mayra Alejandra; Cure Requena, Karime
    The objective of this research was to analyze the legislative reforms adopted by the Colombian Congress to implement information and communication technologies in judicial proceedings to establish whether they incorporate measures to guarantee people in situations of sensory disabilities access to digital justice. For which, a documentary and qualitative research was carried out with a descriptive approach that, through the hermeneutic method, analyzed and interpreted information of a legal nature collected through an exhaustive review of the set of regulations that contain the conditions for the provision of the service. of justice in terms of inclusion for the population with sensory disabilities, to later contrast them with the international instruments issued for the protection of the rights of people with disabilities, and thus define, if they adopt or not, standards on the integration of this population group from the perspective of their care and access to the services offered through the justice administration system.
  • Ítem
    El delito de feminicidio basado en identidad de género contra hombres trans
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Ibagué, 2022-11) Arias Torres, Carlos Andres; Bravo Perdomo, Jhon Hanner
    In Colombia, as of the issuance of Law 1761 of 2015, known colloquially as the Rosa Elvira Celis Law, the autonomous crime of femicide was connoted, where the purpose of this was to guarantee the investigation and punishment of violence against women. women for reasons of gender and discrimination, in order to mitigate and eradicate such violence against them, however, the legislation has not been clear with respect to the affectation of said protected legal right when it comes to transgender men, under the understanding that despite the fact that they are physically born in a male body, they conceptualize a female gender identity, a situation that has led to a lack of clarity in the Colombian legal system when imputing the crime of femicide in this type of population is treated, abandoning the norm for this type of population. On the other hand, the Constitutional Court in its precedent has come to shelter the rights of transgender men, however, and despite these antecedents that are based on reality, a change in the norms is not observed, with the aim of guaranteeing their rights to these people, so, through this investigation, a recount will be made, with the aim of establishing whether femicide is attributable when the punishable conduct is carried out against a transgender man.