Portal de Revistas de la Universidad Libre. Es un espacio virtual dedicado a la difusión del conocimiento y la investigación académica de alta calidad.
Data protection proposal in the era of Generative AI for Colombian justice
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.
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Convergences between International Criminal Law and Criminal International Law in the new International Law applied to Armed Conflicts
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.
International Law Applied To Armed Conflicts
The Origins of the National Front in Colombia: Context of Political Violence and Its Impact on the Colombian Political and Social Context
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.
Public higher education in Colombia: a legal perspective from the social contract
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.
Application of the Principle of the Primacy of Reality over Form in the New Modalities of Work from Digital Platforms in Colombia
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.
Ethical and legal challenges of neurorights: contributions and dilemmasfrom their regulatory development in Chile
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.
Social and linguistic factors and tensions in the Gotsezhi educationalcommunity of the Wiwa nation in the Sierra Nevada de Santa Marta
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.
Analysis of the regulatory framework to address the fentanyl crisisfrom an international perspective
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.
The Evidentiary Defect in Tutela Actions Against Judicial Rulings:Scope and Admissibility Criteria in Colombia
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.
Nature as a subject of law: an analysis of current literature
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.
The importance of education in democracy as an element of social cohesion in Ocaña
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.
Triple impact purchases: an analysis of state contracting in Ecuador
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.
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.
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.
Communication barriers in basic and secondary education in Colombian Catatumbo
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.
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.
The loss of investiture in Colombia: A critical analysis from PoliticalRights and Criminal Jurisdiction within the framework of the AmericanConvention
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.
Artificial intelligence in higher education: an ethical-legal examination ofits transformative perspective
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.
Intersectional approach in REDD+ projects in the indigenous territories in Colombia
Indigenous communities in Colombia have historically suffered the violation of their fundamental rights, including the denial of their ancestral territorial possession, their constitutional protection status, and their right to free and informed consultation. In addition, the State's commitments under the United Nations Framework Convention on Climate Change have been breached. This research aims to examine how the intersectional approach can be a tool to ensure the fundamental rights of native peoples in relation to the implementation of Reducing Emissions from Deforestation and Forest Degradation (REDD+) projects, especially in the context of international and domestic regulations. To develop the main research, the hermeneutical approach was used, through the exegetic and systematic method, for which a documentary review was carried out, which allowed to establish through the following writing plan: i) the international and domestic framework for the protection of indigenous communities ii) REDD+ projects; iii) the standards for the protection of indigenous rights in REDD+ projects and, iv) the applicability of the intersectional approach to guarantee these rights. As a result, a deficit in the protection of collective rights and unconstitutional practices were evident in the implementation of REDD+ projects, in light of the massive violation of rights as subjects of special protection. The research underlines the need to adhere to the international regulatory framework to protect these rights and highlights the lack of effective implementation of the intersectional approach, which prevents the adequate protection and respect of indigenous rights.
Limitations and their effects on private property due to the declaration of a special protection area in environmental matters in Colombia
The work aims to understand how environmental regulation, since the 1991 Constitution, has evolved to balance the rights of property owners with the protection of the environment. The study uses a documentary approach that includes the review of laws and analysis of key judicial decisions, such as Sentence T-411 of 1992 and SU-288 of 2022. It can be said that, starting from the 1991 Constitution, the greening of private property was introduced, which forces owners to comply with certain environmental responsibilities, transforming the idea of traditional property by imposing limits on the use of land and natural resources. The central problem is how these restrictions affect private property, especially by establishing special protection areas. Among the main results, it is evident that the Constitutional Court has reaffirmed that the right to private property is not absolute and must give way to collective interest and the protection of the environment. The social and ecological function of property has led to the regulation of activities such as land use and the exploitation of natural resources. In conclusion, private property in Colombia is subject to limits that seek to protect collective well-being and guarantee sustainability, with the State acting as a guarantee of this balance. The regulatory framework prioritizes environmental protection, acting in harmony with the rights of all citizens.
The Neighborhood of Everyone: 'Communicate, Build, and Grow' Extension Project in Communication for Development and Social Change
The project "The Neighborhood of Everyone" deployed activities and tools that integrated theory and practice in the field of professional training and experimental work, with the main objective of developing a participatory communication strategy aimed at collective transformation and development in municipalities of Norte de Santander and part of Cesar. The project managed to reach over twenty neighborhoods, where strategies focused on citizen culture, the environment, cultural identity, human rights, health, education, entrepreneurship, collaborative sports, and teamwork were implemented. The methodology involved a process of genuine listening and exchange with the residents of the neighborhoods, who guided the collaborative creation of initiatives such as community radio, photography workshops, press, television, and social media. The most notable results included strengthening community participation, promoting equality and inclusion, fostering collective development, and one of the most significant outcomes, the protection of the rights of children and adolescents as a recognition of the right to life, health, education, recreation, harmonious and integral development, and protection against all forms of abandonment, violence, and exploitation. The main conclusions highlighted the importance of communication as a key tool for social change, as well as the need for spaces where the voices of the neighborhoods can express themselves freely. The project successfully had a positive impact on vulnerable populations in Ocaña, Catatumbo, and part of Cesar, as well as on the Social Communication students of the Francisco de Paula Santander University Ocaña who supported the process as project dynamizers. All of the above resulted in benefiting more than 2000 people, including providing care for street dogs through vaccinations, sterilizations, and caregiver training.
Legal framework of educommunication in the digital era: analysis of the use of communication technologies in the colombian educational field
This study analyzes the uses and effects of the implementation of communication technologies as facilitating tools in the teaching-learning process for students at the Francisco de Paula Santander University, Ocaña Section, from a legal perspective in the Colombian context. It examines how the national and international regulatory framework regulates the use of these technologies in the educational field, and discusses the legal implications in relation to the rights of students to equitable access to education and the duties of educational institutions to guarantee inclusive and effective teaching. The methodology applied was developed through a mixed approach supported by a descriptive design. Data and opinions were collected through a survey applied to a representative sample of students and teachers and interviews with experts. The findings reveal that the use of communication technologies improves interaction and academic performance, but also poses significant legal challenges that must be addressed to ensure the right to quality education. In conclusion, the adoption of public policies that promote a fair and equitable use of digital technologies in education is recommended.
Values Intervention with a Differential Approach: Gender Identity and Sexuality for Adolescents in Catatumbo
This document shows the effectiveness of a pedagogical strategy based on the guidelines of the differential approach and the regulatory framework of Colombian justice, which integrates topics such as gender identity and sexual orientation in a system of values, to strengthen cultural and social constructions, Likewise, improve the quality of life of adolescents in Catatumbo, a region of Colombia plagued by armed violence. The study evaluated the intervention in values with two comparison groups (control group CG) and (experimental group EG), the related variables were knowledge, attitudes and practices within the framework of the gender approach and the particular context of education. Colombian. At the end, the results reveal statistically significant differences for the related factor in the post-test measurement between the CG and EG groups
Social appropriation of technology in boys, girls and adolescents of the colombian catatumbo
Technological tools have become essential elements in people's daily lives. Although traditionally children should not have contact with electronic devices such as mobile phones, tablets and social networks at an early age, the current reality has forced them and adolescents to see the need to use them not only for entertainment. , if not for learning. The main objective of this article entitled 'Social appropriation of technology in children and adolescents of Catatumbo Colombian', is to investigate the level of social appropriation of technology that the student population of four schools in the municipalities of Ocaña, Ábrego, El Carmen and La Playa de Belén. The above was executed under a methodology with a non-experimental quantitative approach, which allowed us to identify that at the level of knowledge of the technological context, the student population knows the economic conditions of the municipality, the poor state and functionality of the tools they have available, and that the training processes received are very basic. Regarding the level of ownership and use, a high acquisition rate was identified and that its use is influenced by personal stereotypes. Finally, it was known that at the level of relationship with the tool, they identify it as their best friend, but the innovation of use and re-significance is very low. The student population presents challenges in its appropriation and use, so the results can be used to generate public policies and appropriate training programs
Michelle Andrea Nathalie Calderón-Ortega
Bioethics as a Tool for Future Legal Professionals
The impact of medical-scientific and technological advances on the legal field is undeniable. This research aims to propose the inclusion of Bioethics and Bioethical Law in the curriculum of the Faculty of Law and Social Sciences at the Pedagogical and Technological University of Colombia. The methodology used was mixed and developed in three phases. Firstly, a bibliographic review was conducted to establish the relationship between Bioethics and Law. Subsequently, the importance of Bioethics was evidenced through factual situations. Finally, its relevance to the training of lawyers was demonstrated through the application of surveys. In conclusion, Bioethics and Law are interconnected and rooted in the transcendent aspects of the lives of living beings and ecosystems. Bioderecho, as a regulator of medical-scientific and technological practices and advances, prevents the violation of fundamental rights. Therefore, it is crucial to incorpórate Bioethics and Bioderecho into the education of future lawyers to enable them to analyze life decisions with ethical legal judgments.
Gaps in Colombian environmental regulationsColombian environmental regulations: The case of theEl Quimbo hydroelectric
Environmental issues have become of significant interest worldwide due to the negative phenomena experienced. Thus, studies have emerged that analyse various anthropogenic factors that affect the environment, including research that warns of weak regulations on environmental issues. This study evaluates the environmental regulations based on the requirements of the environmental licences that hydroelectric projects require as a mandatory condition for their implementation, addressing the case of the El Quimbo hydroelectric plant. The research was carried out from the perspective of environmental impacts and their identification in previous (ex-ante) and subsequent (ex-post) studies in order to compare the reliability of environmental licences. As a result, it was found that the ex-ante environmental impact studies, carried out in the framework of the environmental licence application, are unreliable due to their accuracy because they underestimate, overestimate or omit environmental impacts.
Bibliometric Study on Corporate Social Responsibility (CSR) in Undergraduate Theses: An Analysis at Universidad del Valle
This document aims to present the results of the bibliometric study conducted on undergraduate theses that address corporate social responsibility (CSR) prepared at Universidad del Valle. The research is limited to the campus located in the city of Palmira and covers the period between 2007 and 2016. The methodological design applied in the research has a quantitative approach, is descriptive in nature, and the scope of the inferences made is of an analytical and inductive order. The documentary corpus on which the qualitative, quantitative, and bibliometric content analysis is performed corresponds to 32 undergraduate theses on CSR conducted in 4 academic programs. To this end, an initial literature review was conducted on bibliometric studies and their application in 31 monographic documents and in 32 documents specifically addressing the topic of CSR. Subsequently, a data matrix was constructed, and a set of variables and categories of analysis were established and adapted, allowing us to conclude that, despite a conceptual confusion about CSR both in academic literature and in the theses, it is possible to conduct bibliometric studies in undergraduate research. Furthermore, the bibliometric results show that this type of study can be useful for higher education institutions to specify or adjust some curricular and institutional policies and, especially, to foster a more ethical and formative research culture among university students