Academia & Derecho
type: channel
description: Portal de Revistas de la Universidad Libre. Es un espacio virtual dedicado a la difusión del conocimiento y la investigación académica de alta calidad.
publisher: Universidad Libre
language: es
publication name: Academia & Derecho
issn: 2215-8944
items: Precautionary Measures in Asset Forfeiture Proceedings in Colombia in Light of Law 1708 of 2014 and Constitutional Jurisprudence: Tension Between Procedural Guarantees and Normative Effectiveness
items: Youth Killing Each Other: Juvenicide in Medellín and the Media
items: Limits to freedom of contract in assisted human reproduction techniques in Colombia: a transhumanist approach
items: Collective and symbolic reparation in Colombia
items: International Responsibility of the Colombian State toward Members of the Armed Forces: A Conceptual Analysis from the Guarantor Position
items: Psychosocial risks in the Colombian workplace: legal perspective and psychological demands
items: Guarantee of rights in land restitution and contribution topeacebuilding
items: Poverty and environmental degradation in urban periphery: analysis ofteh La Ahuyama Canal
items: Supremacy of the conventional regularity parameter: The importance of preserving the inviolability of diplomatic and consular offices
items: The typical structure of the crime of feminicide and its relationship with legally relevant events in Colombia
items: Data protection proposal in the era of Generative AI for Colombian justice
items: Convergences between International Criminal Law and Criminal International Law in the new International Law applied to Armed Conflicts
items: The Origins of the National Front in Colombia: Context of Political Violence and Its Impact on the Colombian Political and Social Context
items: Public higher education in Colombia: a legal perspective from the social contract
items: Application of the Principle of the Primacy of Reality over Form in the New Modalities of Work from Digital Platforms in Colombia
items: Ethical and legal challenges of neurorights: contributions and dilemmasfrom their regulatory development in Chile
items: Social and linguistic factors and tensions in the Gotsezhi educationalcommunity of the Wiwa nation in the Sierra Nevada de Santa Marta
items: Analysis of the regulatory framework to address the fentanyl crisisfrom an international perspective
items: The Evidentiary Defect in Tutela Actions Against Judicial Rulings:Scope and Admissibility Criteria in Colombia
items: Nature as a subject of law: an analysis of current literature
items: The importance of education in democracy as an element of social cohesion in Ocaña
items: Triple impact purchases: an analysis of state contracting in Ecuador
items: The criteria of the jurisdictional function in Colombia and in comparative law among the States of Latin America, as well as the integration of external and internal normative systems.
items: Communication barriers in basic and secondary education in Colombian Catatumbo
items: ODR: procedural benefits and challenges
items: The loss of investiture in Colombia: A critical analysis from PoliticalRights and Criminal Jurisdiction within the framework of the AmericanConvention
items: Artificial intelligence in higher education: an ethical-legal examination ofits transformative perspective
items: EDITORIAL

Precautionary Measures in Asset Forfeiture Proceedings in Colombia in Light of Law 1708 of 2014 and Constitutional Jurisprudence: Tension Between Procedural Guarantees and Normative Effectiveness
type: item
description: This research examines precautionary measures within asset forfeiture proceedings in Colombia. It takes as its starting point the regulatory framework established in Law 1708 of 2014 and the jurisprudential development of this legal institution. The study adopts a descriptive, analytical, and documentary approach aimed at understanding how this mechanism operates in practice and identifying the tensions arising from its application. The purpose of asset forfeiture is to deprive of legal legitimacy those assets that have been acquired through illicit means or in clear contradiction with social morality. When such circumstances arise, the assets are transferred to the State without any obligation to provide compensation. This particular feature, namely the absence of compensation, explains several of the debates surrounding the institution. Within this context, precautionary measures acquire particular significance because of their preventive function. Their purpose is to ensure that any eventual judgment does not become ineffective and that, while the proceedings progress, the assets are not concealed, transferred, or deteriorated. It is precisely in this setting that the central tension addressed in this research emerges. The need to ensure the effectiveness of the asset forfeiture regime confronts the obligation to safeguard fundamental rights such as private property, the good faith of third parties, and due process. On the one hand, the State bears the responsibility of combating illicit economies and organized crime with determination. On the other hand, it must respect the guarantees that structure the constitutional order. For this reason, it is argued that, although these legal mechanisms are indispensable for the protection of the public interest, their adoption requires rigorous judicial oversight. In the absence of such oversight, precautionary measures could operate as de facto anticipatory sanctions, thereby blurring the non-criminal nature of asset forf…
subject: Artículos
  topic: section
subject: Assisted Human Reproductive Technologies
  topic: keywords
subject: Freedom of Contract
  topic: keywords
subject: Limits
  topic: keywords
subject: Transhumanism
  topic: keywords
creator: Miltón José Pereira Blanco
creator: Álvaro Julián Guerrero Ballesteros
rights: Copyright (c) 2026 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-27
publication date: 2026-03-27
doi: 10.18041/2215-8944/academia.31.13625

Youth Killing Each Other: Juvenicide in Medellín and the Media
type: item
description: This article analyzes the role of the media in the coverage of cases of juvenicide in Comuna 13 of Medellín between 2009 and 2018. Based on a qualitative study, news reports published in the newspapers El Tiempo and El Colombiano related to this area of the city were reviewed. The results of the research made it possible to describe the representations constructed by the press, understood as symbolic forms through which stigmatized identities of youth were configured. Likewise, the study identified the themes that predominated in the way the reality of Comuna 13 was narrated, the characteristics that were highlighted regarding the murdered individuals, and the ideas that contributed to consolidating a partial view of juvenicide. Finally, it concludes that the media played an important role in the production of stigmatizing representations that tended to criminalize youth from popular sectors and that influenced, in different ways, their processes of identity construction.
subject: Artículos
  topic: section
subject: discourse analysis
  topic: keywords
subject: identities
  topic: keywords
subject: juvenicide
  topic: keywords
subject: media
  topic: keywords
subject: violence
  topic: keywords
creator: Lorena Cecilia Mancera Panza
creator: Stefany Limas De Avila
rights: Copyright (c) 2026 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-27
publication date: 2026-03-27
doi: 10.18041/2215-8944/academia.31.13620

Limits to freedom of contract in assisted human reproduction techniques in Colombia: a transhumanist approach
type: item
description: Genetic engineering has been providing medical science with biological technologies that make it possible to improve the physical, functional, and organic conditions of human beings. The use of these technologies is advancing across all fields and, while generating alternatives to overcome human functional and organic deficiencies, it also produces legal and ethical uncertainties. The development of biotechnology, genetic engineering, artificial intelligence, and liberal eugenics, among others, constitutes scientific advances that raise a series of questions and give rise to interdisciplinary debates. Transhumanism has been understood as a scientific movement that seeks the enhancement of humanity and, to this end, makes use of technoscientific advances (Rueda, 2020). In pursuit of this evolutionary aspiration of the human being, transhumanism resorts to reproductive biotechnologies, particularly assisted human reproduction techniques, which allow for the selection of certain genetic characteristics of the conceived subject; that is, access to the possibility of achieving the goal of a desired child, free from the limitations imposed by natural biological processes. This possibility has been referred to as the selection of the best possible child, in accordance with the principle of procreative beneficence (J. Savulescu, 2001). Undoubtedly, transhumanism has become a fertile ground for the emergence of multidisciplinary, ethical, moral, legal, and scientific debates, which is why it is innovative to approach the study of the limits of freedom of contract within the context of assisted human reproduction techniques. The research adopts a qualitative approach, of a legal, dogmatic, and descriptive nature, and has as its central focus an analysis of freedom of contract and its limits, applied to the case of assisted human reproduction techniques, thereby allowing for a perspective informed by transhumanism.
subject: Artículos
  topic: section
subject: assisted human reproduction techniques
  topic: keywords
subject: freedom of contract
  topic: keywords
subject: limits
  topic: keywords
subject: transhumanism
  topic: keywords
creator: Vanina Esther Moadie Ortega
rights: Copyright (c) 2026 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-23
publication date: 2026-02-23
doi: 10.18041/2215-8944/academia.31.13566

Collective and symbolic reparation in Colombia
type: item
description: Colombia is an international benchmark in the processes of comprehensive reparation for victims of the armed conflict, a responsibility that falls to the Colombian State with the support of the affected communities. This article aims to present a review of the progress made in collective reparation and symbolic reparation carried out by the Colombian State following the signing of the peace agreement with the FARC. We focus on a qualitative documentary review design of academic articles, which allows us to identify conceptual developments triangulated with reports issued by the Victims’ Unit in order to verify the different actions and programs implemented by the Colombian State. The article concludes by highlighting the financial and contextual difficulties in achieving comprehensive reparation when the conflict and its underlying causes persist, while also recognizing state efforts and access to reports such as those produced by the National Center for Historical Memory and the Truth Commission, which in themselves constitute acts of symbolic reparation.
subject: Artículos
  topic: section
subject: armed conflict
  topic: keywords
subject: human rights
  topic: keywords
subject: comprehensive reparation
  topic: keywords
subject: collective reparation
  topic: keywords
subject: symbolic reparation
  topic: keywords
subject: collective subjects
  topic: keywords
creator: Elvigia Cardona-Zuleta
creator: Ana María Roldán-Villa
rights: Copyright (c) 2026 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-23
publication date: 2026-02-23
doi: 10.18041/2215-8944/academia.31.13565

International Responsibility of the Colombian State toward Members of the Armed Forces: A Conceptual Analysis from the Guarantor Position
type: item
description: This research-based article aims to analyze the Inter-American standards concerning the position of guarantor assumed by States with respect to members of the Armed Forces, within the framework of a special relationship of subjection. The research problem focuses on the use of the analogical reasoning developed by the Inter-American Court of Human Rights, according to which members of the Armed Forces may be equated, in certain respects, with persons deprived of liberty in penitentiary institutions, thereby entailing an intensification of the State’s duties of protection. In practice, this analogy is far from a minor detail: if accepted, it alters the level of obligation regarding what the State must prevent, control, and guarantee. From an analytical and critical approach, the article examines the foundations and scope of this analogy, as well as the elements that constitute the position of guarantor and the special relationship of subjection, both from a general perspective and in their specific application to members of the Armed Forces and persons held in penitentiary centers. The analysis makes it possible to assess whether the proposed equivalence is legally consistent and appropriate to the particularities of each group; in other words, whether comparing these two situations functions as a useful analogy or, on the contrary, oversimplifies distinct realities. The scope and significance of the research lie in clarifying the limits and content of State responsibility in contexts of legitimate restrictions on rights, especially when dealing with State agents subject to special regimes. At its core, the issue is to delineate how far the State’s duty of protection extends when institutional frameworks themselves impose restrictions. As a central conclusion, the article argues that when the State arbitrarily restricts limited rights or violates non-derogable rights, by action or omission, it must assume direct responsibility, guaranteeing effective mechanisms of pr…
subject: Artículos
  topic: section
subject: analytical approach
  topic: keywords
subject: analogical reasoning
  topic: keywords
subject: Inter-American Court of Human Rights
  topic: keywords
subject: International Human Rights Law
  topic: keywords
subject: international responsibility
  topic: keywords
subject: members of the Armed Forces
  topic: keywords
subject: position of guarantor
  topic: keywords
subject: special relationship of subjection
  topic: keywords
creator: Camilo Humberto Prieto Fetiva
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-27
publication date: 2025-12-27
doi: 10.18041/2215-8944/academia.31.13388

Psychosocial risks in the Colombian workplace: legal perspective and psychological demands
type: item
description: Psychosocial risks at work, such as work overload, harassment, and lack of autonomy, have a direct effect on workers' health, with consequences that are reflected in both physical and mental health. However, in the latter dimension, there is an increased possibility of developing chronic stress, anxiety, depression, and burnout syndrome, compromising individual well-being and business productivity. This study, with a qualitative approach and descriptive design, analyzes psychosocial risk factors in the Colombian workplace from a legal and psychological perspective. The findings show that, although a regulatory framework exists, its implementation remains a challenge, highlighting the need for more rigorous supervision and greater commitment on the part of organizations and regulatory bodies. Strengthening a culture of prevention, empowering workers, and involving psychology professionals in the management of workplace well-being are essential to ensuring healthier and more sustainable work environments.
subject: Artículos
  topic: section
subject: legislation
  topic: keywords
subject: mental health
  topic: keywords
subject: occupational disease
  topic: keywords
subject: psychosocial risks
  topic: keywords
subject: working conditions
  topic: keywords
creator: Willian Sierra-Barón
creator: Laura Natalia Calceto Garavito
creator: Julieth Milena Rincón Perdomo
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-02-02
publication date: 2026-02-02
doi: 10.18041/2215-8944/academia.31.13387

Guarantee of rights in land restitution and contribution topeacebuilding
type: item
description: This article provides a systematic review of the literature on the guarantee of rights in land restitution processes and their contribution to peacebuilding in Colombia. The discussion is framed within Law 1448 of 2011, which established the guidelines for public policy on comprehensive reparations for victims of armed conflict, highlighting the progress made and the challenges faced in its implementation throughout the country. A documentary methodology was adopted, using bibliometric analysis techniques applied to scientific publications indexed in databases such as Web of Science (WoS), Scopus, and Google Scholar, for the period between 2019 and 2024. Production, impact, and scientific collaboration indicators were analyzed to identify authors, countries, and institutions that have led the theoretical and empirical development of the topic. The main lines of research address the effectiveness of restitution as a mechanism for reparation, the security and return of victims, and the consolidation of peace from a territorial perspective. Gaps are identified in the regional analysis of processes and in the evaluation of the effective enjoyment of rights, which represents a challenge for the formulation of more equitable and sustainable policies. It is concluded that Law 1448 of 2011 has enabled significant progress in terms of land reparations and restitution, although its implementation has limitations associated with territorial inequality and security conditions in rural areas. There is a need to further study the effective enjoyment of rights from a regional perspective, which would allow for an assessment of the differential progress and challenges in peacebuilding and social reconciliation.
subject: Artículos
  topic: section
subject: Land restitution
  topic: keywords
subject: peacebuilding
  topic: keywords
subject: rights guarantees
  topic: keywords
subject: violence
  topic: keywords
creator: Nohora Alexandra García Becerra
creator: Victor Alfonso Badillo Contreras
creator: Javier Mauricio García Mogollón
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-27
publication date: 2025-12-27
doi: 10.18041/2215-8944/academia.31.13380

Poverty and environmental degradation in urban periphery: analysis ofteh La Ahuyama Canal
type: item
description: This article analyzes the interrelation between the conditions of multidimensional poverty and environmental deterioration in the neighborhoods surrounding Caño de La Ahuyama, in Barranquilla, Colombia. Through an interdisciplinary approach that combines legal, economic and spatial perspectives, the problems of water pollution and poverty are addressed in the neighborhoods of La Luz, La Chinita and Rebolo, characterized by a Multidimensional Poverty Index (MPI) higher than the urban average. From a legal perspective, the constitutional right to a healthy environment is examined, highlighting the obligation of the State to guarantee it, as well as the limitations in its effective implementation. Failures are identified in environmental sanitation and recovery projects, evidencing the persistent contamination and vulnerabilities of the population. In economic and spatial terms, the MPI analysis shows the concentration of poverty in the areas most affected by pollution, exacerbating socio-spatial segregation in the city. The study highlights the need for a comprehensive intervention that combines environmental, social and urban actions. These include the water recovery of the pipe, the improvement of infrastructure and basic services, and the promotion of active community participation in environmental management. Likewise, the importance of citizen and state co-responsibility in the protection of natural resources is emphasized. The document concludes that the recovery of the Caño de La Ahuyama and the overcoming of poverty conditions in its surroundings are essential to promote sustainable and equitable urban development, contributing to the well-being of present and future generations.
subject: Artículos
  topic: section
subject: Water Pollution
  topic: keywords
subject: Public salubrity
  topic: keywords
subject: multidimensional Poverty
  topic: keywords
subject: Caño de La Ahuyama
  topic: keywords
subject: healthy environment
  topic: keywords
creator: Grace Marenco Escorcia
creator: José Vicente Carvajal Sandoval
creator: Sadan Alexander De la Cruz Almanza
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-01-04
publication date: 2026-01-04
doi: 10.18041/2215-8944/academia.31.13379

Supremacy of the conventional regularity parameter: The importance of preserving the inviolability of diplomatic and consular offices
type: item
description: The article addresses the institution of asylum as a human right within the Inter-American system, drawing on a doctrinal review and on case law that has progressively shaped this subject. Throughout the text, it explains the different forms of asylum, territorial asylum, diplomatic asylum, and refugee status, and comments on the procedural elements that are most decisive at the moment of granting it. The paper underscores that requesting asylum is a human right, while recalling that its granting remains a decision vested in the competent authority. It also examines the diplomatic situation that arose between Ecuador and Mexico in the case of Jorge Glas, a dispute that ultimately reached the International Court of Justice. The analysis reviews the tension triggered by the entry of Ecuadorian authorities into the Mexican embassy to carry out an arrest deemed unlawful, and the effect this produced at the international level. For this purpose, expert opinions were consulted, and scenario-building techniques were used to understand how diplomatic relations between the two countries might evolve. The text concludes by proposing the course of action that, according to the findings of the research, the Mexican State could have considered beyond the ius imperii and the realist theses in international relations.
subject: Artículos
  topic: section
subject: Political asylum
  topic: keywords
subject: diplomatic asylum
  topic: keywords
subject: territorial asylum
  topic: keywords
subject: Ecuador
  topic: keywords
subject: Mexico
  topic: keywords
creator: Eber Omar Betanzos Torres
creator: Ubaldo Márquez Roa
creator: Diego Alonso Ros Velarde
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-12
publication date: 2025-12-12
doi: 10.18041/2215-8944/academia.31.13361

The typical structure of the crime of feminicide and its relationship with legally relevant events in Colombia
type: item
description: This research aims to demonstrate two theses as necessary derivations from the maximization of conventional guarantees: the first asserts that the context of violence against women, whether it occurs before, con los hechos juródicamente relevantes with, or after the fact in Colombia, is not a structural element of the crime of femicide. Therefore, its determination in a specific case is not part of the legally relevant facts but rather serves as mere indicators of the subjective element required to establish its subjective typicity. Nevertheless, as the second thesis, it will be shown that this stance allows for at least three exceptions that permit its inclusion: (i) when such a context constitutes additional offenses, (ii) when it typifies aggravating hypotheses of femicide, and (iii) when it constitutes a criterion of objective imputation.
subject: Artículos
  topic: section
subject: feminicide
  topic: keywords
subject: abductive reasoning
  topic: keywords
subject: indictment
  topic: keywords
subject: crime
  topic: keywords
subject: legally relevant facts
  topic: keywords
creator: José María Peláez Mejía
creator: Nelson Saray Botero
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-11
publication date: 2025-12-11
doi: 10.18041/2215-8944/academia.31.13359

Data protection proposal in the era of Generative AI for Colombian justice
type: item
description: The irruption of Generative Artificial Intelligence technologies in the Colombian legal field poses a transformative scenario that requires a critical and deep analysis on the ethical and legal implications. This article examines the impact of Generative Artificial Intelligence on justice, emphasizing the need for a strong and adaptable regulatory framework that guarantees personal data protection, transparency in decision-making processes. The most relevant international standards and the Colombian legal framework are analyzed, the ethical and technical implications associated with algorithmic bias, the lack of interpretability of models and the need for human control in automated decisions are explored. Strategies for the generation of synthetic data are addressed as mechanisms to preserve privacy. Finally, the importance of a comprehensive regulatory and ethical ecosystem that promotes responsible implementation of Generative Artificial Intelligence in the legal field is proposed.
subject: Artículos
  topic: section
subject: Personal data
  topic: keywords
subject: synthetic data
  topic: keywords
subject: biases
  topic: keywords
subject: algorithmic transparency
  topic: keywords
subject: Generative Artificial Intelligence;
  topic: keywords
creator: Yamal Elías leal Esper
creator: Yuly Esmeralda Agudelo Tarazona
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-24
publication date: 2025-09-24
doi: 10.18041/2215-8944/academia.31.13163

Convergences between International Criminal Law and Criminal International Law in the new International Law applied to Armed Conflicts
type: item
description: The new International Law applied to Armed Conflicts is proposed as a regulatory body that integrates different branches of International Law, under the context of new and future armed conflicts, in which convergence between various branches is necessary so that in a harmonious manner manage to solve real problems resulting from globalization and the new typologies of wars framed in ultraterrestrial, cyberspace, invisible environments, etc., in which technology and innovation play a fundamental role. Now, specifically the development of the article will focus on the practical importance of the convergences between International Criminal Law and Criminal International Law as components of the new DICA, in which the mechanisms of international judicial and police cooperation find a place, starting from the scenario of armed conflicts, as a natural environment for the commission of crimes.
subject: Artículos
  topic: section
subject: International Criminal Law
  topic: keywords
subject: Criminal International Law
  topic: keywords
subject: International Law Applied To Armed Conflicts
  topic: keywords
subject: Cooperation
  topic: keywords
subject: Convergences
  topic: keywords
subject: Globalization
  topic: keywords
creator: Jean Carlo Mejía Azuero
creator: Maira Alejandra Murillo Betancur
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-25
publication date: 2025-08-25
doi: 10.18041/2215-8944/academia.31.13026

The Origins of the National Front in Colombia: Context of Political Violence and Its Impact on the Colombian Political and Social Context
type: item
description: This research article examines the main characteristics of the political aspects and the social situation in Colombia during the period of the National Front. It also analyzes the formation of the Nation-State, considering the cultural traits present in the construction of Colombian political culture during the National Front and its relationship with the current political and social organization. Subsequently, it discusses the impact of the consequences of the National Front on the contemporary situation of the Colombian State, in relation to the non-international armed conflict, bureaucracy, clientelism, concentration of power, among other aspects. To address this topic, the bibliographic or documentary method is employed through a qualitative research approach. It is concluded that during the period of the National Front, Colombian society became radicalized in terms of political ideology, which has led to a marked polarization that persists to this day. This has resulted in the permanent division of the population, exclusion, and the perpetuation of patterns of political violence typical of the mid-twentieth century.
subject: Artículos
  topic: section
subject: Democracy
  topic: keywords
subject: National Front
  topic: keywords
subject: Nation-State
  topic: keywords
subject: Political Violence
  topic: keywords
subject: Social and Cultural Traits
  topic: keywords
creator: Diana Patricia Belalcázar Chantre
creator: Leidi Marcela Castro Rodríguez
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-25
publication date: 2025-08-25
doi: 10.18041/2215-8944/academia.30.13025

The Origins of the National Front in Colombia: Context of Political Violence and Its Impact on the Colombian Political and Social Context
type: item
description: This research article examines the main characteristics of the political aspects and the social situation in Colombia during the period of the National Front. It also analyzes the formation of the Nation-State, considering the cultural traits present in the construction of Colombian political culture during the National Front and its relationship with the current political and social organization. Subsequently, it discusses the impact of the consequences of the National Front on the contemporary situation of the Colombian State, in relation to the non-international armed conflict, bureaucracy, clientelism, concentration of power, among other aspects. To address this topic, the bibliographic or documentary method is employed through a qualitative research approach. It is concluded that during the period of the National Front, Colombian society became radicalized in terms of political ideology, which has led to a marked polarization that persists to this day. This has resulted in the permanent division of the population, exclusion, and the perpetuation of patterns of political violence typical of the mid-twentieth century.
subject: Artículos
  topic: section
subject: Democracy
  topic: keywords
subject: National Front
  topic: keywords
subject: Nation-State
  topic: keywords
subject: Political Violence
  topic: keywords
subject: Social and Cultural Traits
  topic: keywords
creator: Eliana Andrea Orozco Henao
creator: Carlos Andrés Arboleda Ramírez
creator: Paulo Bernardo Arboleda Ramírez
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-25
publication date: 2025-08-25
doi: 10.18041/2215-8944/academia.30.13024

Public higher education in Colombia: a legal perspective from the social contract
type: item
description: This research article aims to analyze the lessons learned and challenges of transitional justice. To this end, it employs a historical-comparative method between Latin America and Colombia. It was established that there has been substantial progress in the field of Transitional Justice, which is based on the principles of truth, justice, reparation, and non-repetition, placing special emphasis on victims. However, despite the progress made, the armed conflict continues. The article concludes that it is necessary to complement transitional justice with other measures, such as strengthening social reintegration, economic development, and the presence of the state in regions affected by the conflict.
subject: Artículos
  topic: section
subject: Educational equity
  topic: keywords
subject: educational quality
  topic: keywords
subject: higher education
  topic: keywords
subject: social contract
  topic: keywords
subject: social transformation
  topic: keywords
creator: Andrea Carolina Araque Chacón
creator: Surgei Bolivia Caicedo Villamizar
creator: José Alejandro Plata Castilla
creator: Leidy Lorena Vásquez Ruíz
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-25
publication date: 2025-08-25
doi: 10.18041/2215-8944/academia..13023

Application of the Principle of the Primacy of Reality over Form in the New Modalities of Work from Digital Platforms in Colombia
type: item
description: This research article aims to analyze the lessons learned and challenges of transitional justice. To this end, it employs a historical-comparative method between Latin America and Colombia. It was established that there has been substantial progress in the field of Transitional Justice, which is based on the principles of truth, justice, reparation, and non-repetition, placing special emphasis on victims. However, despite the progress made, the armed conflict continues. The article concludes that it is necessary to complement transitional justice with other measures, such as strengthening social reintegration, economic development, and the presence of the state in regions affected by the conflict.
subject: Artículos
  topic: section
subject: applications
  topic: keywords
subject: Autonomy
  topic: keywords
subject: digital work
  topic: keywords
subject: labor relationship
  topic: keywords
subject: primacy of reality
  topic: keywords
subject: subordination
  topic: keywords
creator: Jorge Enrique Carvajal Martínez
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-25
publication date: 2025-08-25
doi: 10.18041/2215-8944/academia..13022

Application of the Principle of the Primacy of Reality over Form in the New Modalities of Work from Digital Platforms in Colombia
type: item
description: Work through digital platforms challenges the traditional notion of an employment relationship. Although these arrangements are presented as civil mandates, the conditions imposed by digital applications suggest subordination. This article focuses on the application of the principle of the primacy of reality on the fly in the new ways of working through digital platforms in Colombia. For the development of the article, an analytical-descriptive methodology is used in which the new work is analyzed at a technological level, in order to establish whether it is an employment relationship or an activity of a civil or commercial nature, said analysis is carried out through the review of the elements that constitute the employment contract established in the Substantive Labor Code and the forms indicated by the jurisprudential framework in relation to the subject, together with the case study of the platforms that operate in the country and the conditions required of their associates. The findings finally reveal the deficiencies and shortcomings in labor law compared to the rights in this new modality of work.
subject: Artículos
  topic: section
subject: applications
  topic: keywords
subject: Autonomy
  topic: keywords
subject: digital work
  topic: keywords
subject: labor relationship
  topic: keywords
subject: primacy of reality
  topic: keywords
subject: subordination
  topic: keywords
creator: Kelly Viviana Aristizábal Gómez
creator: Lina Marcela Márquez Oviedo
creator: Juan José Fuentes Fernández
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-25
publication date: 2025-08-25
doi: 10.18041/2215-8944/academia..13019

Ethical and legal challenges of neurorights: contributions and dilemmasfrom their regulatory development in Chile
type: item
description: Innovations in neuroscience and neurotechnology present ethical and legal challenges that require new reflections on human rights.1 This paper addresses neurorights as a normative response to the challenges and concerns related to mental privacy, cognitive freedom, and the physical and mental integrity of individuals.2 Through an analysis of the Chilean context, this study examines how these rights have been integrated into the country's constitutional legal framework, exploring the contributions and dilemmas arising from their regulatory development.3 The aim of this work is to analyze the ethical and legal impact of neurorights and the implications they hold for both the protection of fundamental rights and the regulation of research and innovation in neuroscience and neurotechnology, with a focus on the Chilean case.4 This analysis underscores the importance of adapting legal systems to neurotechnological advances without hindering scientific innovation, while safeguarding human rights.
subject: Artículos
  topic: section
subject: ethics
  topic: keywords
subject: Human rights
  topic: keywords
subject: neurorights
  topic: keywords
subject: neuroscience
  topic: keywords
subject: neurotechnology
  topic: keywords
creator: Diego Alejandro Botero Urquijo
creator: Sergio Alexander Hoyos Contreras
creator: Diana Carolina Villamizar Acevedo
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-07-31
publication date: 2025-07-31
doi: 10.18041/2215-8944/academia.30.12977

Social and linguistic factors and tensions in the Gotsezhi educationalcommunity of the Wiwa nation in the Sierra Nevada de Santa Marta
type: item
description: The Gotsezhi educational community of the Wiwa nation in the Sierra Nevada de Santa Marta faces tensions between the preservation of their ancestral language, Damana, and the influences of modernization. Within this framework, this article examines social and linguistic factors that affect this survival, focusing on the interaction between the Western educational model and traditional Wiwa practices. For this purpose, and through a qualitative and ethnographic methodology, observations, interviews and focus groups were conducted with students, teachers and community leaders. The results showed the predominance of Spanish in the classrooms, the lack of bilingual educational resources and a generational distancing with respect to language and culture. In this regard, a comprehensive approach is proposed that includes teacher training in intercultural bilingual education, the creation of educational materials in Damana and the integration of traditional authorities into the school curriculum. This strategy seeks, in essence, to balance cultural preservation with the demands of the formal education system. All in all, it is concluded that guaranteeing the continuity of Damana is essential to maintain Wiwa identity and culture, thus facing the pressures of globalization and reinforcing the linguistic and cultural rights of this ethnic community living in the vicinity of the Sierra Nevada de Santa Marta.
subject: Artículos
  topic: section
subject: Ethno-education
  topic: keywords
subject: intercultural education
  topic: keywords
subject: Linguistic survival
  topic: keywords
subject: Wiwa nation
  topic: keywords
subject: Damana language
  topic: keywords
creator: Francy Paola Basto Amado
creator: Alexander Luis Ortiz Ocaña
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-07-31
publication date: 2025-07-31
doi: 10.18041/2215-8944/academia.30.12976

Analysis of the regulatory framework to address the fentanyl crisisfrom an international perspective
type: item
description: This study examines the limitations of Colombia's legal framework in addressing the growing fentanyl crisis and its consequences. Through a documentary review of national and international regulations, the primary legal gaps in confronting the illicit manufacture, trafficking, and consumption of fentanyl are identified. A qualitative approach based on documentary review and scientific literature was employed. The results conclude that the current legal framework has been insufficient in containing the problem, evidencing a gap between regulations and reality. The study argues for the need to strengthen the legal framework, implement prevention programs, closely monitor the evolution of the problem, and reinforce international cooperation to combat this phenomenon through effective information networks. This research contributes significantly to the understanding of the fentanyl problem in Colombia and provides valuable inputs to improve the legal and policy response to this transnational public health crisis.
subject: Artículos
  topic: section
subject: Anti-drug
  topic: keywords
subject: Drug trafficking
  topic: keywords
subject: Drug control
  topic: keywords
subject: Fentanyl
  topic: keywords
subject: International security
  topic: keywords
creator: Luis Manuel Lozano Ramos
creator: Jorge Iván Sierra Duran
creator: Mario Samuel Rodríguez Barrero
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-07-31
publication date: 2025-07-31
doi: 10.18041/2215-8944/academia.30.12975

The Evidentiary Defect in Tutela Actions Against Judicial Rulings:Scope and Admissibility Criteria in Colombia
type: item
description: This research article examines the evidentiary defect as a specific ground for admissibility in tutela actions against judicial rulings within the Colombian legal system. It analyzes its constitutional and jurisprudential foundations, highlighting how the failure of judges to adhere to evidentiary standards can lead to the violation of fundamental rights and justify the intervention of the constitutional judge. To this end, the concept of evidentiary defect is explored through the lens of legal doctrine and the jurisprudence of the Constitutional Court, distinguishing it from other grounds for admissibility, such as factual defect and material defect. The article delves into the Court’s criteria for its configuration, including the omission of relevant evidence, the improper assessment of the evidentiary record, and the requirement of inadmissible or non-existent evidence. Additionally, landmark cases in which the Court has granted constitutional protection on this ground are analyzed, identifying interpretative patterns and application criteria. Finally, the article reflects on the challenges and limitations of tutela actions against judicial decisions, considering the principle of judicial autonomy and the exceptional nature of constitutional review of rulings. This study aims to deepen the understanding of the evidentiary defect as a ground for tutela admissibility, providing analytical tools for its proper application while ensuring a balance between judicial independence and the effective protection of fundamental rights.
subject: Artículos
  topic: section
subject: Evidentiary defect
  topic: keywords
subject: tutela action
  topic: keywords
subject: judicial rulings
  topic: keywords
subject: constitutional review
  topic: keywords
subject: and evidence assessment
  topic: keywords
creator: Edgar Andrés Quiroga Natale
creator: Fernando Luna Salas
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-07-31
publication date: 2025-07-31
doi: 10.18041/2215-8944/academia.30.12974

Nature as a subject of law: an analysis of current literature
type: item
description: This article analyses scientific production related to nature as a subject of law, a concept that has emerged as an innovative response to the global environmental crisis. Based on a bibliometric analysis of the literature published between 2020 and 2024, the trends, key actors and emerging thematic areas in this field are explored. The study focused on identifying how the recognition of the rights of nature transformed traditional legal frameworks and promoted a more ecocentric approach to environmental protection. A systematic review of the Scopus database was carried out, using Excel and the database's own tools to analyse scientific production. The indicators of temporal evolution, geographical distribution, collaboration networks and the co-occurrence of keywords were examined. In addition, VOSviewer was used to visualise thematic and collaborative networks. A growth in scientific production was identified, with a growing interest in topics such as the rights of nature, environmental regulations and sustainable development. The Russian Federation, Ukraine and Poland stood out as the main contributors. The most recurrent keywords reflected the centrality of law and environmental protection in the research. The results suggest that the recognition of the rights of nature has gained global relevance, although its implementation faces significant challenges. The need for interdisciplinary approaches and the integration of local perspectives and ancestral knowledge systems to strengthen legal frameworks and promote sustainability was evident. This study provides an overview of the current state of research on nature as a subject of law, underlining the importance of continuing to explore global and local perspectives to advance towards more effective and fair legal frameworks.
subject: Artículos
  topic: section
subject: Rights of nature
  topic: keywords
subject: environmental regulations
  topic: keywords
subject: sustainable development
  topic: keywords
subject: bibliometric analysis
  topic: keywords
subject: environmental justice
  topic: keywords
creator: Carlos Alberto Gómez Cano
creator: Verenice Sánchez Castillo
rights: Copyright (c) 2025 Academia & Derecho https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-07-31
publication date: 2025-07-31
doi: 10.18041/2215-8944/academia..12771

The importance of education in democracy as an element of social cohesion in Ocaña
type: item
description: One of the topics that generates the greatest attraction in the common dialogue of a citizen is without a doubt “politics” from local aspects to the processes of international confrontation, on which diverse opinions are generated, supported to a greater extent by the information provided. by means of communion and individual and collective perceptions that are covered in a series of layers provided with morality, ideological or partisan bias, religious positions, among others, which in the end end up generating a collective orientation that to a greater or lesser degree depends on the level of agreement that may arise between different citizens. In this sense, the central objective of this study is to analyze variables associated with the citizens' perspective on political ideologies in the municipality of Ocaña, Norte de Santander. The research was developed through a quantitative approach and probabilistic sampling according to the type of research, with support from secondary sources; That is, the use of bibliographic sources of interest, added to data on political culture at the local and national level that would allow for a discussion of the value of political formation processes in society. Finally, the results of the information analysis are presented, which establishes that the Colombian State has cared very little about generating public policies that encourage active participation of all actors, with the purpose of understanding the importance of participatory democracy. within the social state of law.
subject: Artículos
  topic: section
subject: Citizenship Education
  topic: keywords
subject: Critical Thinking
  topic: keywords
subject: Democracy
  topic: keywords
subject: Education
  topic: keywords
subject: Political Culture
  topic: keywords
creator: Ana María Carrascal Vergel
creator: Dayron Dannylo Reyes Quintero
creator: Jesús Manuel Rueda Lázaro
rights: Copyright (c) 2025 Academia & Derecho
date: 2025-04-29
publication date: 2025-04-29
doi: 10.18041/2215-8944/academia..12770

Triple impact purchases: an analysis of state contracting in Ecuador
type: item
description: In the context of Ecuador, the adoption of triple-impact public procurement is a viable prospect. The nation places paramount importance on sustainable public purchasing practices that are harmonized with national policies, priorities, and the Sustainable Development Goals outlined in the agenda 2030. This present study endeavors to scrutinize the mechanisms ensuring triple-impact procurement, encompassing both compliance with regulatory frameworks and the guiding principles governing public contracting in Ecuador. To this end, a qualitative investigation was undertaken, employing a comprehensive review of scholarly literature and pertinent regulations from the past five years, focusing specifically on the subject matter at hand. The analysis yielded compelling findings, highlighting the indispensability of a robust legal foundation and a technologically-supported procurement system as enablers for the successful implementation of the triple-impact economic model within the country's public procurement domain.
subject: Artículos
  topic: section
subject: public procurement
  topic: keywords
subject: public contracting
  topic: keywords
subject: sustainability
  topic: keywords
subject: triple impact
  topic: keywords
subject: economic model
  topic: keywords
creator: Milton Elder Naranjo Malán
creator: Jeanette Elizabeth Jordan Buenaño
rights: Copyright (c) 2025 Academia & Derecho
date: 2025-04-27
publication date: 2025-04-27
doi: 10.18041/2215-8944/academia.30.12765

The criteria of the jurisdictional function in Colombia and in comparative law among the States of Latin America, as well as the integration of external and internal normative systems.
type: item
description: The criteria of judicial activity refer to the way in which the sources of law that at a given historical moment are part of a certain regulatory system should operate, whether they are a manifestation of internal law or external law. Based on them, the judge has a hierarchical order of application that constitutes a guarantee of the rule of law and constitutional democracy in the resolution of specific cases; However, the non-consecration of these criteria, nor of a clause for the reception of external law in the various Latin American constitutions, and even of clauses of constitutional supremacy in many of these legal systems, has led to serious problems of systematization and integration. These constitutional non-consecrations are considered an omission in the face of what should be a fundamental political decision in States that declare themselves constitutional and legal States. Under this context, this document makes an analysis and comparative proposal of the constitutional legal systems in Latin America, characterizing its system of sources of domestic law, its constitutional supremacy, the existence or not of criteria of the jurisdictional function and the reception formulas. of external systems, all of which are considered fundamental assumptions of a democratic State.
subject: Artículos
  topic: section
subject: Barriers to communication
  topic: keywords
subject: communicative strategies
  topic: keywords
subject: education
  topic: keywords
subject: social change
  topic: keywords
subject: social development
  topic: keywords
subject: Criteria of jurisdictional activity
  topic: keywords
subject: domestic law
  topic: keywords
subject: external law
  topic: keywords
subject: main criteria
  topic: keywords
subject: auxiliary criteria
  topic: keywords
subject: sources of law
  topic: keywords
creator: Diego Armando Yáñez Meza
creator: Jessica Tatiana Jiménez Escalante
rights: Copyright (c) 2025 Academia & Derecho
date: 2025-04-27
publication date: 2025-04-27
doi: 10.18041/2215-8944/academia.30.12764

Communication barriers in basic and secondary education in Colombian Catatumbo
type: item
description: This article, a product of the research entitled, Education in Catatumbo: a view from pedagogy, law and communication, aimed to analyze the educational processes in basic and secondary education institutions of the municipalities from the pedagogical aspects, legal and communicative, the above in the municipalities of La Playa de Belén, Ábrego and Convention in Norte de Santander. Under the quantitative methodology and the exploratory and descriptive scope, the survey and the structured interview were applied as information collection tools, and thus determine the communication barriers that arise in the teaching and learning processes in the classrooms of institutions. educational: Fray José María Arévalo School, Santa Bárbara Educational Institution and Agricultural Technical Institute, respectively from the aforementioned municipalities. The findings led to the definition of some communication strategies that could help overcome this problem that affects the construction of knowledge communities.
subject: Artículos
  topic: section
subject: Barriers to communication
  topic: keywords
subject: communicative strategies
  topic: keywords
subject: education
  topic: keywords
subject: social change
  topic: keywords
subject: social development
  topic: keywords
creator: Elvis Fernando Ríos Pacheco
creator: Héver Augusto Páez Quintana
creator: Jairo Fernando Barbosa Trigos
rights: Copyright (c) 2025 Academia & Derecho
date: 2025-04-09
publication date: 2025-04-09
doi: 10.18041/2215-8944/academia.30.12723

ODR: procedural benefits and challenges
type: item
description: This article will specify the generalities of ODR mechanisms, then the benefits and procedural challenges involved in their application in the resolution of disputes will be analyzed, and finally, some solutions will be proposed to overcome these procedural challenges. At this moment ODR mechanisms have begun to take on importance within commercial traffic, to such an extent that in 2017 the United Nations Commission on International Trade Law (UNCITRAL) issued the Technical Notes on Online Dispute Resolution due the increase in cross- border online transactions, and the need to establish mechanisms to resolve disputes arising in this type of operation. Therefore, the general objective of this investigation is to identify the legal challenges of the ODR mechanisms in Colombia, in view of their lack of regulation, and propose solutions in accordance with the current Colombian regulation.
subject: Artículos
  topic: section
subject: ODR Mechanisms
  topic: keywords
subject: Procedural
  topic: keywords
subject: Benefits
  topic: keywords
subject: Challenges
  topic: keywords
subject: Online Dispute Resolution
  topic: keywords
subject: Mandatory Nature
  topic: keywords
subject: Binding
  topic: keywords
subject: Res Judicata
  topic: keywords
subject: Due Process
  topic: keywords
creator: Carlos Felipe Ballén Jaime
creator: Luisa María Brito Nieto
creator: Laura Estephanía Huertas Montero
rights: Copyright (c) 2025 Academia & Derecho
date: 2025-04-07
publication date: 2025-04-07
doi: 10.18041/2215-8944/academia.30.12709

The loss of investiture in Colombia: A critical analysis from PoliticalRights and Criminal Jurisdiction within the framework of the AmericanConvention
type: item
description: Article 23 of the American Convention on Human Rights (ACHR) recognizes citizens' political rights and, like the rest of the Convention, is part of the domestic legal system by virtue of Article 93 of the Political Charter of 1991. This study aims to examine the public action of loss of investiture and its application in light of Article 23 of the ACHR, considering that the Inter- American System's jurisprudence has established that restrictions on political rights may only be imposed by a judicial authority of a criminal nature. The research follows a qualitative and descriptive approach, framed within the interpretative paradigm and the hermeneutic method. As a conclusion, it is determined that the loss of investiture restricts citizens' political rights through a judicial decision that, although ensuring due process, is not issued by a criminal judge. Furthermore, the resulting sanctions are of an absolute nature, which contradicts the provisions established in the American Convention on Human Rights.
subject: Artículos
  topic: section
subject: American Convention on Human Rights
  topic: keywords
subject: competent judge
  topic: keywords
subject: Loss of investiture
  topic: keywords
subject: political rights
  topic: keywords
subject: public servants
  topic: keywords
creator: Jean Carlos Vergara Llanos
creator: Ana María Carrascal Vergel
creator: Lizbeth Jaime Jaime
rights: Copyright (c) 2025 Academia & Derecho
date: 2025-04-07
publication date: 2025-04-07
doi: 10.18041/2215-8944/academia.30.12708

Artificial intelligence in higher education: an ethical-legal examination ofits transformative perspective
type: item
description: The study arises from the progressive integration of Artificial Intelligence (AI) in university education and its ethical-legal influence. Addresses the need for empirical demonstration of the impact of AI tools on academic outcomes. Despite the multitude of studies examining the effects of AI on teaching and learning, few have focused on its actual use by university students and whether this use affects their academic performance. A quantitative correlational method and simple random sampling were used to survey students from the daytime and evening law program. The data were analyzed using ANOVA (Analysis of Variance), revealing generational differences in technological competence. The younger generation exhibited 91% positive results from using AI, while the older generation showed a 100% negative impact. These findings indicate that the relationship between AI use and academic outcomes depends on factors beyond simple use and is influenced by students' interests, which may not always be aligned with academics.
subject: Artículos
  topic: section
subject: Ethics
  topic: keywords
subject: artificial intelligence
  topic: keywords
subject: academic results
  topic: keywords
creator: Yeigson Yohan Pérez Llaín
creator: Claudia Marcela Durán Chinchilla
creator: Martín Humberto Casadiegos Santana
rights: Copyright (c) 2025 Academia & Derecho
date: 2025-04-07
publication date: 2025-04-07
doi: 10.18041/2215-8944/academia.30.12707

EDITORIAL
type: item
description: No hay resumen
subject: Editorial
  topic: section
creator: Michelle Andrea Calderón-Ortega
rights: Copyright (c) 2025 Academia & Derecho
date: 2025-04-07
publication date: 2025-04-07
doi: 10.18041/2215-8944/academia.30.12706