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Ethical Challenges in Scientific Publication
The criteria for determining authorship should be clear and transparent, based on the contribution that each researcher has made to the design, execution or interpretation of the study; undeserved authorship, whether by gift, implications of university policies regarding the scientific production to which they are obliged or exclusion, constitutes an unethical conduct that damages the credibility of the authors and the publication, taking into account the contribution to the research, the order of authorship should be considered, In order to ensure integrity in scientific publications, it is recommended that the editorial committees of journals establish or implement ethical guidelines and good practices, which should be understood and followed by all those involved in the process of publication of articles.
Changes to Charges in The General Disciplinary Code: Guarantee of Due Process and Risk to The Legal Security of The Person under Investigation
Based on the legal concept of variation of charges in the Colombian General Disciplinary Code Law 1952 of 2019, this paper addresses whether this regulatory institution strengthens or weakens the fundamental principles of due process, the right to defense, and legal certainty in the context of disciplinary proceedings and disciplinary sanctions, since improper application can affect the fundamental rights of the official under investigation. Based on an analysis of current disciplinary legislation, this article reviews rulings by the Constitutional Court, the Supreme Court of Justice, and the Attorney General's Office, drawing on doctrinal sources to contrast positions and presenting a legal reflection on the risks of this concept in Colombia.
Typologies of Fiscal Oversight in Colombia: A Review of Ex Ante, Perceptive, and Ex Post Control; Ex Post and Selective Control; and Preventive and Concurrent Control
The objective of this article is to address the typologies of fiscal control that have been implemented in the Colombian legal regime. Typologies that have been basically implemented with Law 20 of 1975, the Constitution of 1991 and, more recently, Legislative Act 04 of 2019. To do this, first an introduction of the text will be made; Secondly, conceptual references will be made with the categories of Comptroller General of the Republic and fiscal control; Thirdly, prior, perceptive and subsequent control, subsequent and selective control, and preventive and concomitant control will be characterized; Fourthly, some conclusions will be given.
The Impact of Decentralization on the Reconfiguration of the Colombian Political System
This reflection article analyzes how unmet social demands can generate changes in the political system that involve new constitutional norms, institutions, public policies, and social values. In this sense, it reflects on the role of decentralization in the reconfiguration of Colombia’s political system. The study examines the historical tensions between fiscal centralism and structural regional problems such as poverty, inequality, and insecurity, which have exerted increasing pressure on the current political order. The research follows a qualitative methodological approach through a descriptive–analytical documentary review that considers normative, statistical, investigative, and academic sources. Through this analysis, the main normative changes shaping the current General System of Participations (SGP) and the distribution of resources between the Nation and territorial entities are identified. The article focuses particularly on Legislative Act 03 of 2024, which progressively increases transfers to the regions from 24% to 39.5% of the Nation’s current revenues. The results reveal a substantial modification in the relationship between the National Government and territorial entities, granting mayors and governors greater tools and responsibilities in managing resources and designing public policies. Throughout the text, it is argued that this constitutional and institutional change can strengthen the legitimacy of the Colombian State, improve responses to the unmet basic needs of the regions, and consolidate a more balanced model of territorial governance. Finally, the article concludes that decentralization becomes a transformative axis of the Colombian political system insofar as it strengthens governance and citizen participation from the regions, especially those historically neglected. However, the success of this constitutional change will depend on the drafting and approval of a law of competence that establishes a new balance between the resources granted and the responsibilities assigned, as well as on the technical strengthening of territorial governments.
Analysis of Artificial Intelligence: A Legal Perspective
Artificial Intelligence (AI) is a current reality and is present in nearly every aspect of daily life. Just a few years ago, it seemed distant, uncertain, and possible only in science fiction. To grasp its impact, imagine a world without email, smartphones, instant messaging, social networks, video games, autonomous cars, robots, or automated machines—without them, we would essentially return to the modern era of the early twentieth century. This article defines the concept of Artificial Intelligence, beginning with its current context, its uses, and the way it has achieved relevance. It also presents, through the historical method, a documentation of the background of Artificial Intelligence, emphasizing the key moments that shaped it. Subsequently, the analytical and exegetical methods are applied to examine the use of AI in the context of international instruments, incorporating concepts such as Big Data (BD). A brief analysis of various transnational corporations employing systems based on BD and AI follows. The article concludes with a discussion of the progressive and far-reaching vision of regulatory frameworks.
Artículos de investigación científica y tecnológica
Human Rights Organizations: Challenges for The Protection of Digital Rights
Within the framework of their constitutional and legal powers, human rights organizations were created to promote, respect, protect, and guarantee these rights, regardless of the scope in which they may be violated, by acts or omissions of an administrative nature committed by federal and state authorities or public servants. That is, the rights and freedoms already recognized but now applicable to digital environments. The purpose of this research will be to determine whether the effective realization of digital rights has materialized in the work of these public organizations and to determine whether, in the case of the State of Mexico, recommendations have been issued or whether its regulatory framework contemplates a specific procedure for their protection. The methodology employed is documentary analysis to obtain quantitative and qualitative results, and a doctrinal and comparative analysis of primary and secondary sources. In the concluding section, the urgent challenges for the non-jurisdictional approach to the active defense of digital rights are outlined, such as normative-regulatory adjustments; Creation of units; issuance of specialized documents; and digital literacy training for people working in these public agencies and institutions.
Legal Guarantees for Labor Inclusion: Obstacles and Responsibilities of the Business Sector
This scientific article focuses on analyzing labor inclusion, addressing the legal challenges faced by the business sector in Colombia. To this end, it explores three key perspectives: the institutional, which examines the constitutional foundations that support labor inclusion; the legal, which outlines relevant laws and regulations; and the jurisprudential, through the analysis of significant court rulings on the subject. Additionally, a doctrinal perspective is included, reviewing the theories and approaches of leading authors in the field of labor inclusion. A qualitative methodological approach is adopted, based on legal hermeneutics and ius-philosophical theory, which enables an in-depth interpretation of regulations and their application within the business context. This approach facilitates a deeper understanding of the legal challenges companies face when attempting to implement labor inclusion policies. Through this methodology, the study aims to offer a comprehensive view of how laws, the constitution, and case law interact in this area. Within the theoretical analysis, two main positions are developed: the positive theory and the negative theory. The positive theory highlights the advantages and benefits that labor inclusion can bring to both companies and employees, emphasizing its positive impact on productivity and social equity. In contrast, the negative theory focuses on the difficulties companies encounter in complying with legal and constitutional guidelines, identifying barriers and practical challenges such as lack of resources or insufficient training. The article concludes that, although labor inclusion offers clear benefits from both social and business perspectives, the private sector still faces significant obstacles in meeting regulatory requirements. The findings suggest that greater institutional support is needed, along with more effective policies that facilitate the labor integration of people with disabilities and other vulnerable groups.
people with disabilities, business sector
Lack of Labor Protection and Irregular Migration: A Challenge for Rights in Latin America and The Caribbean
This document, the result of qualitative research, examines the situation of irregular migrants in Latin America and the Caribbean, focusing particularly on Colombia. Based on a systematic review of 50 academic, legal, and institutional sources published between 2019 and 2024, it seeks to understand how their most basic labor rights are violated. The main objective is to highlight the barriers these individuals face in accessing justice, decent employment, and social security. The results reveal a troubling reality: despite international commitments and regulatory advances, thousands of migrants remain trapped in informal, low-paid jobs without legal protection. Lack of documentation, fear of deportation, and misinformation leave them exposed to exploitation. Women, domestic workers, and other vulnerable groups face even more obstacles. The research concludes that it is urgent to rethink more comprehensive public policies, moving away from immigration status as a barrier to exercising rights. Strengthening training, improving institutional coordination, and creating labor regularization mechanisms are key steps toward building a more just society, where all people, regardless of their origin, can work with dignity and security.
In its new edition, Advocatus presents a selection of articles that explore the major challenges we face today in the legal and social spheres. Each article reflects the research efforts of the scholars and professionals who have examined, analyzed, and reflected on these issues to offer you the highest-quality contributions.
The Family in the Mexican Socio- Legal Reality: Concept, Evolution and Contemporary Challenges
This article analyzes the process of constitutional regulation of the family in Mexico, emphasizing the absence of an express definition in the country’s Magna Carta. It studies the normative and jurisprudential evolution of the concept of family, as well as the existing challenges of a traditional interpretation that does not reflect the postmodern diversity of family structures; from an approach based on human rights, equality and non-discrimination, the need to incorporate an inclusive constitutional definition that recognizes all forms of family, in accordance with the principles of Article 1 of the Constitution and international treaties, is expressed. A reform is proposed to strengthen legal protection, to harmonize local legislations to guarantee effective protection; a fundamental change to guarantee equality, prevent structural discrimination and advance towards effective, progressive and protective family law.
Cybersecurity in the 21st Century. Challenges to Public Law in Colombia
This paper aims to raise awareness about the constant use of technology, which has paved the way for the exchange of sensitive, confidential and personal information among citizens. There is a subjection towards digital means, a series of risks are acquired regarding security; this article also contributes to the analysis of an effective norm about cyber security in the XXI century in the Public Law field in Colombia. This article is merely academic, which mainly describes the opinion of the authors, being this reflective work about cyber security. However, it also provides references of academic, legislative and judicial content, which support the authors’ posture. Finally, it allows inferring the reasons for failures regarding protection of sensitive data, due to confidential and public data being regulated for the sake of public service.
Beyond Resentment and Forgiveness in the Mothers of Soacha: A Perspective from Hannah Arendt
It plays an important role in the reconciliation of society when it experiences serious human rights violations. This article aims to offer a sustainable analysis based on Eichmann’s work in Jerusalem. It is similar to Hannah Arendt’s thought described in this case, where we review the limits of loss before the courts, eliminating what we can use as an excuse for impunity, but we can also separate the perpetrators’ responsibility. With their departure for Colombia, the Mothers of Soacha transformed their grief into a constant struggle for justice and reparation, breaking a scenario in which impunity persists if a crime is committed. The central proposal of this study is to understand how these women experienced and were significant in their loss, analyzed from Hannah Arendt’s theory of thought, and how this process was intertwined with the way they dealt with grief and the search for justice in the case of the Mothers of Soacha. initiating the digital era. However, such measures were only executed after the conceptualization of the materialization and implementation of these regulations. The research takes on special relevance in the current Colombian context, marked by reconciliation efforts as an essential challenge for advancing peace. Critically reflecting on forgiveness allows for enriching debates around transitional justice, historical memory, and the need to build a society in which the past is not a burden that limits the future, but rather a learning experience that contributes to preventing the repetition of violence. Regarding the methodology, a qualitative historical-hermeneutic approach was used, using an inductive method. This allowed for an analysis of the events and the victims’ experiences in relation to the processes of forgiveness and justice.
The Preeminence of Government Digital Transformation in Colombia
The feasibility of state digitalization was implemented by the Colombian government at the onset of the COVID-19 health crisis. Despite the existence of regulations influencing digitalization prior to this event, the Colombian state had not carried out their application and materialization until 2020. Therefore, the objective of this research lies in the study of emerging categories related to state digitalization within the Colombian context, while also identifying the COVID-19 pandemic as the main driver of such digitalization. From a methodological perspective, this article results from a conceptual exploration aimed at analyzing state digitalization in the post-pandemic context. This approach has made it possible to determine the main outcome of the study: the health crisis as the starting point of Colombianstate digitalization. Consequently, based on the research findings, it can be concluded that the process of implementing technological modernization— analyzed through the legal framework—reveals that the Colombian state already had a normative basis for initiating the digital era. However, such measures were only executed after the conceptualization of the materialization and implementation of these regulations
Binding Nature of the Rulings of the Superintendence of Public Utilities – Ruling 450 of 2019
The concepts issued by the Superintendency of Public Services are considered mandatory; however, in practice, they serve as a material source of law and constitute the most commonly applied rules in some conflict resolution processes between citizens and the State. This article analyzes the regulatory framework for the provision of public utilities, relevant jurisprudence from the Council of State and the Constitutional Court, and contributions from legal doctrine, contrasted with a statistical study of the Superintendency of Public Services’ reports on conflictivity between the periods of 2016-2020.
Concepts of the Superintendency of Public Services
Fiscal Sustainability in The Average Premium with Defined Benefits in Constitutional Jurisprudence
The Colombian system of social security, has undergone many changes since its implementation taking it from the simple conception of the solution of the contingencies of life, to take her humanization through the tools created to guarantee them, however, in an effort to protect those rights to constitutional status elevated from 1991, decisions have generated the highest constitutional body that often impact the stability of the regime of Media premium rights as recognized by expanding the target population benefits. Must be guaranteed by the state financial sustainability of the pension system, the rights acquired in accordance with the law and is enshrined in the Legislative Act 01 of 2005 which added Article 48 of the Constitution then falls to the State in execution of such precept generate the necessary policies to overcome the constitutional jurisprudence on recognition of rights, because, if conflict the general interest to the particular shall prevail first and having clear that financial sustainability is a tool but not a initially, the conflict with the purposes of the state should be preferred the latter.
Gender-Based Violence in The Context of The Armed Conflict in The Montes de María Area
This paper analyzes violence against women and the fragmentation of the social fabric during the armed conflict in the Montes de María area, specifically in the municipalities of San Jacinto and Carmen de Bolívar. It was developed through a deductive methodology with a qualitative approach, based on jurisprudential analysis of the context of transitional justice as a method of comprehensive reparation through a gender approach and its various cases. Interviews were applied to four women, who showed the impact of the war on their body and mental health. Finally, this research highlights the magnitude of violence against the female body and the need to evaluate the effectiveness of public policies.
Analysis and Outlook on the Right to Disconnect in Comparative Law
Disconnection from work is a right enshrined in the Colombian legal system that guarantees the uninterrupted rest of workers when they are enjoying their vacations, licenses or permits, Sunday and holiday rest and once their daily workday ends. The regulation of this figure became necessary with the appearance of teleworking, remote work and work at home given that due to virtuality, it was easier for employers to communicate at any time with the worker, regardless of whether they had already finished the working day or was enjoying some type of rest. Hence, Law 2191 of 2022 will regulate the figure of labor disconnection that, under the critical scrutiny of this article, it was possible to observe some legal gaps. On the other hand, an important point that needs to be highlighted is the analysis carried out from comparative law in this research. The methodology is descriptive and documentary. The method is inductive, the data collection technique is through text analysis and the means of information collection is through national and international legal regulations, constitutional jurisprudence and interviews.
Ilegal Appropriation of Public Health Funds by Paramilitary Groups in the Department of Atlántico
The sociopolitical fabric of Colombia is historically intertwined with multiple armed actors seeking to exert power and influence in various regions of the country. The United Self-Defense Forces of Colombia (AUC) found in the Department of Atlántico and in the Caribbean in general, a crucial enclave for their operations, both from an economic and political perspective. This work analyzes how the AUC illegally captured public resources in this department and the sociopolitical impacts that derived from these actions, in order to understand this phenomenon and thus design effective public policies. Through a historical-hermeneutic approach, a qualitative methodology and under a documentary analysis technique, the results are obtained the connections between armed actors and the political elite in the Atlantic, the capture of public health resources, as well as antiunion violence. in the health sector. It is concluded that in the case of Atlántico there was a notable intervention by the AUC in the health sector, which shows not only the administrative and political weaknesses, but also the interconnections that existed between the paramilitary power and the local political elite.
The Genocide of a New Era: Corruption in Public Procurement
This article examines the structural relations- hip between public procurement corruption and environmental harm in Colombia, based on the premise that these phenomena are neither exceptional nor peripheral, but rather symptomatic of a deviant institutional rationality. The inquiry extends beyond a strictly legal analysis to offer a substantive critique of how the state contract has been instrumentalized to legitimize dispossession—thereby undermining not only administrative legality but also the material conditions necessary for sustaining life. Adopting an ecocentric and constitutional perspective, the article analyzes how the diversion of public ends—when carried out through the formal mechanisms of procurement—produces irreversible environmental damage, erodes institutional legitimacy, and entrenches patterns of impunity. Through the study of concrete cases and legal frameworks, it argues that corruption in public contracting constitutes a juridical form of violence—frequently normalized—that transcends criminal law and directly impacts non-recoverable collective goods. The article advocates for a reconceptualization of the administrative contract as a legally dense and ethically consequential act, whose validity cannot rest solely on formal compliance but must be grounded in its alignment with the principle of sustainability and intergenerational justice. On this basis, it offers doctrinal, institutional, and policy recommendations ai- med at rebuilding the normative foundations of the state’s contracting power, under a logic of ecological precaution and shared public-private responsibility. Ultimately, the article advances a radical but legally grounded thesis: environmental harm re- sulting from corruption in public procurement is not a collateral effect, but a systemic outcome. The only legitimate legal response, therefore, cannot be one of technical indifference, but rather a juridical reconstitution of the normative matrix from which meaning is derived.
Incorporation of the Mixed Divorce Regime in The Colombian Legal System: A Reflection Based on The Constitutionalization of Private Family Law
Uncaused divorce is the result of a recent regulatory trend that aims to respond to the demands of the constitutionalization of private law and the new dynamics of family relationships that have found restrictions on the autonomy of will, the right to privacy and the development of personality in the traditional causalist divorce system. Under this scenario, this article seeks an approach to this new mechanism as a bridge that articulates the public order norms of family law with individual rights. To do this, it proposes a comparison of the legal nature of the two divorce systems and establishes the consequences that could arise from the adoption of the unfounded system, through a critical propositional approach of a qualitative nature that is based on theoretical and documentary analysis. Thus, it is concluded that the norms that regulate the institution of marriage and divorce must reevaluate the principles that govern it and fundamentally recognize the prevalence of consent, not only in the formation of the marriage bond but also in its dissolution. From which it follows that caused divorce violates the essential core of individual rights, which are obligatory protection by the State.
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Responsibility of the Colombian State for the Omission to Comply with the Resocializing Function of the Penalty
With the advent and entry into force of the 1991 Constitution, the State’s responsibility for the Colombian resocialization function of punishment was given a different connotation, with the goal of providing inmates with appropriate treatment and the tools for their future social reintegration. However, the multiple crimes committed in the community and the overcrowding in prisons demonstrate that the recidivism rates for punishable offenses are increasing as a direct consequence of the limited protections and the ineffectiveness of social reintegration policies and corruption. For this research, it is necessary to formulate the following legal problem: What is the responsibility of the Colombian State for its failure to fulfill the resocialization function of punishment? To address this issue, a qualitative, dogmatic legal methodology was used, based on a documentary review and interviews with inmates to gather information. This allowed us to contextualize the conditions of the penitentiary system for the applicability of these programs, with the goal of establishing the degree of State responsibility in fulfilling the resocialization policy. Which ultimately leads to the conclusion that a rethinking and restructuring of rehabilitation policy is urgently needed, based on the social and institutional realities that do not allow for the re-education of convicted prisoners.
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