Of the need to propose citizenship as a human right: migration and exclusion
The purpose of the text is to analyze the conceptualization of citizenship and the different positions that have represented it, likewise, it is intended to study the exclusion-inclusion that it represents and through the study of the different international human rights instruments, glimpse the regulation of political rights and the importance of their execution for the human being. Finally, the possibility of incorporating the human right to materially differentiated citizenship is presented as an inclusive alternative, as a guarantee of access and exercise of civil and political rights and economic, social and cultural rights to all human beings, due to their personal and independent of formal criteria
Copyright (c) 2022 Criterio Libre Jurídico https://creativecommons.org/licenses/by-nc-nd/4.0
Generic Bystander and the impact of the precautionary principle on consumer relations
This article is about the novel presence of a new subject of law in the framework of consumer relations, which we will call the “Generic Bystander”. We are presenting an articulation between Consumer Relations Law and Environmental Law, generating a systematic and dialogical construction in order to propose this new legal institute. Using comparative law and the idea of building bridges between private and public law with the aim of achieving advances in law that are more protective for society (protecting the environment).
Copyright (c) 2020 Criterio Libre Jurídico https://creativecommons.org/licenses/by-nc-nd/4.0
Nietzsche and Heidegger: ethico-political proposals to give way to the sense of the earth
Modern man believes himself to be the master and possessor of nature. His dominion based on scientific and technical progress has led him to a destruction, devastation and desolation of the earth. This research article argues that both Heidegger and Nietzsche come to conceive, each in his own way, that the occurrence of nature and the occurrence of culture are intimately related and that it is necessary to return to the meaning of the earth, reverse the values of modern man and deepen the values of preservation and care of the earth. Methodologically, a critical reading of the authors is made on the basis of their reflections on the earth. In Heidegger, in “The Origin of the Work of Art” and in Nietzsche in “Thus Spoke Zarathustra”. It was found that both thinkers make a critique of the foundations of capitalism. It is concluded that both Nietzsche and Heidegger propose to invert the values of modern man, of scientific technical progress and of capitalism in order to find ways of inhabiting and being that allow the earth to open and illuminate itself as it is, that is, preserving and conserving it.
Copyright (c) 2020 Criterio Libre Jurídico
Virtual education in Colombian public universities in times of pandemic
A review article on Colombian virtual education in times of pandemic is carried out, with the objective of observing the different ways in which university education institutions have tried to address the demands that represent the continuity of the provision of educational services in times of pandemic. The review is carried out in 32 Colombian universities based on the review of the official documents published in their web pages on the measures taken to provide continuity to the educational processes during the COVID 19 pandemic during the first semester of 2020. It is concluded that the Colombian Higher Education Institutions - IES although they are called by global and national policies to contribute to the reduction of the digital divide, there are cases that either must give way to overcome the paradigm of face-to-face education as the only possible mediation for learning or are still far from achieving the conditions of both technological infrastructure and teaching staff trained to be active players in training mediated by Information and Communication Technologies - ICT.
Ontological dissertations: decolonizing the self by re-signifying and directing our intellectual endeavors with ancestral knowledge
This article is a reflection on what delves into the expression think-us in reference to what we are being in the perspective of ontologies of the present, in terms of ancestral knowledge, but which are the very root of the knowledge that protects life and its multiple ways of being and inhabiting the world. We start from the question: What are the survival and persistence of the ancestral in the agro-alimentary practices of peasant life as ontologies of the present? These concerns are framed in the research line epistemic differences and ontological subjectivities and worked from the compilation and listening to the life stories of women who remember the peasant ways of life, concentrated in three referents: epistemological, methodological and political, in terms of meanings of sense. We arrive at a closing opening in which it is affirmed that the relations and tensions that appear as socio-environmental conflicts between the inherited polyculture and the installed monoculture are a consequence of sharing spaces and activities within the same territory, but with totally different interests for life, so that an action of a production system affects with multiple impacts both ancestral peoples and life itself and the environment, thus summoning to make theory or "own science" from Latin America.
Copyright (c) 2021 Criterio Libre Jurídico https://creativecommons.org/licenses/by-nc-nd/4.0
Sustainability in International Banking - A look also at the Colombian case
The purpose of this review article is to investigate how the international banking sector, and especially the Colombian one, is adapting to the concept of Social Responsibility and Corporate Governance, through corporate strategies that are oriented to the implementation of sustainable policies and activities, after of the great financial crisis of 2008. Methodologically and for academic purposes, 50 published works related to research on the subject were analyzed. Among other things, the work argues that the stimulation of a greater convergence of social responsibility and corporate governance, which would incorporate sustainability in authority frameworks, would make environmental, social and governance issues more demanding and that companies were increasingly responsible.
Reflexões sobre Questões Epistemológicas na Contemporaneidade e Algumas Implicações para a Educação
A Epistemologia, enquanto pensamento sobre as possibilidades do conhecimento, possui uma grande relevância para a educação. A premissa que serve de ponto de partida para as reflexões aqui propostas é a de que alterações na perspectiva epistemológica que se adote afetam inexoravelmente o pensamento sobre a educação. Partindo deste ponto inicial, o presente artigo pretende refletir sobre algumas questões epistemológicas relevantes para a contemporaneidade e, então, cogitar de implicações/afetações que podem ser pensadas para a educação a partir delas. O caminho das reflexões epistemológicas que aqui se optou por percorrer envolve dois elementos: 1] a noção de construção da cultura presente no projeto da modernidade e a consequência de seu abandono; 2] a proposição de conceitos fundamentais da Hermenêutica para a atividade do compreender. Cada elemento mencionado será desenvolvido nos tópicos 1 e 2, respectivamente. O entrelaçamento destas reflexões e sua importância para depreender certas implicações para pensar a educação serão tratados no tópico final, apontando sobretudo que demarcações podem já ser tomadas como necessárias para a discussão.
Social rule of law - public budget with a sense of humanity - ecosustainability
This article presents an approach to the public budget with a sense of humanity, eco-sustainable, which recognizes living species and nature as its subject. The reflections start from the social State under the rule of law, as a concept, as a culture, under humanistic rationality of the philosophy of the economic and budgetary sciences. Globalization, economic opening, and Neoliberalism are questioned, not only as being responsible for the world crisis of the 1930s and the crises of the last three decades but because it was unable to respond to the crisis unleashed by the COVID 19 pandemic, where the State was finally the intervener, with an investment budget and social public spending with which it is dealing with issues of health, unemployment, poverty, economic recovery, payroll subsidies, subsidies and budget aid, among others. From the advance, there is also the need to build consensus, in the only form of government of modernity, valid to make effective economic, social, environmental and cultural rights, that is, democracy, understood as culture, as the participation of society. In the social state under the rule of law, budgets must be autonomous, predictable, sufficient, that respect the rights of living species and nature, that is an instrument for decisions with a sense of humanity, in the face of poverty, marginality and inequality.
Más allá de la organización de productores: el cooperativismo solidario como vehículo central para el desarrollo endógeno en México
The purpose of this article is to contribute to a proactive reflection on the relevance of producer organizations as cooperative structures to face today's economic, political and social challenges. First, it clarifies the meaning of the terms "producer organization", "homegrown development" and "cooperativism" by briefly reviewing their characteristics and importance in general terms. Secondly, it describes two successful experiences of cooperative organizations and the key elements that can be taken from them. The third point presents a proposal for a model of cooperative solidarity and supports it as a central vehicle for homegrown development in Mexico.
The counter-majoritarian nature of the fundamental right to peace. The plebiscite and the implementation of the Final Agreement for the termination of the conflict and the construction of peace in Colombia
In Colombia, it is formally recognized that fundamental rights have higher normative roots. In the case of the 2016 Peace Agreement, signed between the Government and the current political party Fuerza Alternativa Revolucionaria del Común FARC, the mechanism adopted for its endorsement was the plebiscite. This research article argues that the Final Agreement, due to its binding political-legal nature, as it has an impact on the materialization of the fundamental right to peace, should not have been submitted to consultation of the majorities through the plebiscite of October 2, 2016. Methodologically, what was affirmed in judgment C 379 of 2016 is discussed in two senses. First, in the Final Agreement fundamental rights are developed that must be safeguarded; and second, the implementation or not of the Final Agreement impacts on the materialization of the constitutional mandate of the Colombian State to guarantee peace and its enjoyment as a fundamental right. It is concluded that it is constitutionally inadmissible to submit the materialization of the Final Agreement, which embodies the constitutional mandate of the State to guarantee the fundamental right to peace, to the fickle will of the people.
Needing of dialogue for the optimization of procedural principles of criminal procedural law
This article seeks to demonstrate the urgency of dialogue between the different influential actors within the criminal politics in Colombia in order to solve his penitentiary crisis. This is looking to guide the response to the criminal procedural law by the Legal Operator’s capacity (judges and operators). Having as a initial point the declarations of the “Unconstitutional State of Things” inside of the Sentence T-762 of 2015 made by the Constitutional Court. In the study of the punitive power, the jail and the criminal law, the contributions made by the critical criminology and the legal sociology are taken like the basis. This investigation has diagnosed a lack of dialogue between interested, affected, and intervening subjects, that has led to the current penitentiary crisis. Therefore, it is necessary a return to the principles of the procedural law that get result in the development of a "Human Criminal Law", called in this way by Raul E. Zaffaroni. Some dialogical and democratic problems have been explicated in the development of the Criminal law and Criminal procedural law in Colombia
Characterization of contemporary civil society
The meanings of civil society are dissimilar and conflicting in many aspects, especially if we take into account its relationship with the State and with economic monopolies (Marx and Engels, 1975). The notion of civil society has been gaining strength in different areas of political, philosophical and social thought, a situation that was not present with the same intensity in previous times. However, as a result of such diffusion of what is understood by civil society, an attempt will be made to outline, albeit in a very generalized way, some recent conceptions on this issue.
The right to land of indigenous peoples, as a human right
Human rights must be reinforced in the face of the current dynamics of ecological destruction, expropriation of communities, and privatization of nature in the demarcation of lands and other natural resources - the rights and aspirations of individuals and communities will come to the fore. The Escazú agreement is the only binding agreement emanating from the United Nations Conference on Sustainable Development (Rio + 20), the first regional environmental agreement in Latin America and the Caribbean and the first in the world to contain specific provisions on defenders of human rights in environmental matters, the Escazú Agreement will enter into force on April 22, 2021. The Fund for the Development of Indigenous Peoples of Latin America and the Caribbean, through its Program for Economic Development with Identity, supports the implementation of processes and initiatives to promote development with identity aimed at Good Living - Living Well of Indigenous Peoples, in coherence with the recognition, protection and promotion of the exercise of economic, cultural, social, political and environmental rights of indigenous peoples, communities and organizations
From presidentialism to hyperpresidentialism: an undenglable reality in Latin America
The constitutionalists of the continent have dealt with the figure of presidentialism from their knowledge and a set of characteristics has been generated from the discourse that have been called presidentialism, trying to build a theory that tries to understand and even explain this phenomenon and its impact in the continent, for which we will explore the figure of presidentialism, how the United States was born and its characteristics, with this we will move to the construction of the same system of government in the rest of the continent to conclude on how it has been deformed or transforming into a system that threatens the balance of powers and distorts democratic principles.
The principle of progressivity in colombian law: theoretical and legal review
This review article sets out the theoretical and legal arguments that make up the principle of Progressivity and its non-regressive mandate, in accordance with International Law and Colombian jurisprudence. Firstly, a theoretical foundation of the concept of "Progressivity" is made according to some scholars of fundamental rights: Robert Alexy (2002; 2009; 2014), Ronald Dworking (1989), Carlos Bernal Pulido (2008) and Christian Courtis (2006). Secondly, the reference to the non-regressive corollary is pointed out, where i) proportionality as a methodology for constitutional control in normative regression and ii) the position assumed by the Colombian Constitutional Court (hereinafter CCC) with respect to progressivity and regression. Thirdly, other meanings on the concept of progressivity in law are described, and finally the legal framework that has shaped the Principle of Progressivity in Colombian Law is reconstructed.
Copyright (c) 2019 Criterio Libre Jurídico
Social research on human rights in the framework of the colombian socio-political conflict - betting on political ethics
The article tries to locate reflections about the relationship between objectivity, truth and commitment when it comes to building knowledge in the Social Sciences, taking into account the case of research on Human Rights violations within the framework of the Colombian armed socio-political conflict and the role of the academy within it; also placing ethical-political bets that allow contributing to research on Human Rights, in the framework for the construction of a timely scenario for an effective political transition in Colombia
Human pain, evil and the origin of the just sufferer: a reflection that emerges at the birth of modern law
In this research article on the birth of modern law, we discuss its relationship with human pain, the idealistic conceptions that defend the autonomy of man, his guilt for the pain and malaise of humanity. Methodologically, a series of philosophical dissertations articulated to a juridical framework is addressed, centered on: the effects of theodicy in modernity; the defense of the goodness of God and the origin of evil in the world; the effects and causes of the tribunalization of the enemy through the theories of the Philosophy of History and modern Law. It is concluded that it is from the detachment of the metaphysical and theocentric litigations of the law in the Europe of the XVII century that modern law emerges, which embarks on the enterprise of managing the practices related to the pain of the antonomic society to achieve justice and to arrive at the utopia and the progress promised by the Philosophy of History.
Copyright (c) 2019 Criterio Libre Jurídico https://creativecommons.org/licenses/by-nc-nd/4.0
The meal of the peoples and the agro-food system global
The capitalist system for many years has tried to violently supplant the agriculture exercised by the peoples of the world, while for ancestral communities food embodies a set of social practices that articulate the knowledge of the material with the symbolic, cultural and spiritual. the know-how together with the rhythms and times of nature itself. Methodologically, a review of the logic with which the hegemonic world agri-food system operates is presented, then the advantages of community food production are shown, which makes it possible to make a critical comparison of the forms of appropriation of the territory for the production of food. and contrast it with the deep connections of the communities with the spiritual and the cultural regarding food. It was found that the global agri-food system supports a regime of power and knowledge against life, while the food production of the peoples is concerned with protecting and defending life in the territories. It is concluded that the villages that produce food from the local must continue to organize themselves in social movements to fight against the hegemonic model of food production.
Accusatory principle. A flexible vision of the figure in Colombia
Since the implementation of legislative act 003 of 2002 and the subsequent enactment of law 906 of 2004, Colombia has made way for the so-called accusatory oral penal system. One of the essential pillars of the modern criminal process incorporated into our system was the accusatory principle. According to the teleological nature of this fundamental component of the new model of criminal prosecution, the functions of accusation and trial are autonomous and independent, to the extent that, in its strict conception, the judge cannot investigate and the prosecutor cannot judge. The central purpose of this article is to analyze possible areas of relativization in the exercise of criminal action by the Attorney General's Office.
Being a businessman and entrepreneur: key human factors that influence the success or failure of small businesses in Palmira, 2019
In the context of entrepreneurship, it is common to treat the entrepreneur and the businessman indistinctly when they are very different roles and require different skills. This leads to misdiagnosis when it comes to establishing why a high percentage of companies that register with the Chamber of Commerce of Palmira close early. In this paper, the terms human factors of both the entrepreneur and the businessman are differentiated theoretically and conceptually in order to establish: What is the impact of human factors of entrepreneurs and businessmen on the results of the management of small businesses in Palmira, 2019? The research developed a descriptive methodology, where the entrepreneurial and business skills of those who lead the businesses were differentiated and hierarchized, whether they are the managers or owners of the businesses that are in operation or have closed between 2015 and 2019. Analyzing the results in the light of the proposed theories, we find those factors that are given greater importance to be potentialized, as well as those factors that are given less importance and need to be strengthened.
María Fernanda Caballero Lozada Fernanda Caballero Lozada
Extra-contractual Responsibility of the State for forced displacement in Colombia in the framework of the internal armed conflict
This review article seeks to analyze the jurisprudential line of the State Council regarding the extra-contractual responsibility of the state for forced displacement in Colombia because of the Internal Armed Conflict, clearly identify which are the liability regimes adopted, the legal imputation titles, establish what were the material and immaterial damages recognized, the means of control used in the lawsuits and the treatment of expiration when invoked by direct reparation. Methodology. An analysis of legal dogmatic type with qualitative approach with analytical method is carried out. Result. It is identified that the State as guarantor of security in Colombia incurs a failure in the service when there are events of forced displacement by the elements that will be analyzed within this text. Conclusion. Although there has been a lack of protection on the part of the State towards the victims of the Internal Armed Conflict, it is necessary to carry out a jurisprudential analysis that allows the identification of these shortcomings in order to join efforts to prevent such situations from happening in the future.
The legal protection of whistleblowers of acts of corruption
The text raises a reflection on the legal protection of whistle blowers of acts of corruption. This is an issue that deserves great attention at the international level for being an essential tool in the fight against this scourge. In Colombia it has not yet been implemented, however, the matter has gained relevance due to the Organization for Economic Cooperation and Development - OECD recommendations. It is a way of linking large private companies to the fight against corruption. It implies a new conception of corporations, typical of compliance law. In this framework, the firms are obliged to deploy internal strategies with a view to effectively complying with the law. This includes banning the use of corruption as a way to conquer new markets. Using a comparative methodology, the regime of that institution in France and the United States is studied. In the first part, it is observed who are the subjects that can be considered as whistle blowers and what is the object of protection. The second part examines the ways in which they are protected and the procedure that complaints must follow. It is concluded that it is a useful instrument that should be integrated into the colombian legal system.
Copyright (c) 2020 Criterio Libre Jurídico https://creativecommons.org/licenses/by-nc-sa/4.0/deed.es
Policies for the adoption of sustainable development goals in Colombia. Critical analysis
The Sustainable Development Goals (SDGs) have become one of the most important issues for countries around the world. Their adoption is done in an uncritical way following the guidelines of different multilateral organizations. The research question posed is: Do the objectives of sustainable development - ODS - respond to the challenges faced by Colombian society? Methodologically, the possibilities of materializing the ODS are analyzed, both from the objectives of the Colombian State and from the perspective of rural communities. It was found that land and rural development policies in Colombia are far from generating the conditions and elements necessary for overcoming the country's main problems. It is concluded that it is necessary to think of scenarios that lead to a more equitable distribution of land ownership that levels out the inequalities of the social structure in Colombia.
Coronavirus (covid-19) and damage insurance law in Colombia and the world, a ratio proportional to the number of infected
During the course of the month of November 2019, the Sars-CoV2, Covid 19 or Coronavirus virus was discovered in Wuhan, Hubei province in China, which focuses on obstructing the respiration of those who contract it, even causing death, the consequence of this Virus transcends beyond science and medicine that tirelessly struggles to control it. Other aspects of society such as the economy and the law suffer debacles and paralyzes that force economic development to stop as a measure to avoid the spread of the virus throughout the world. Colombia is not the exception to this situation and in the country, due to the closing of the economies, the Law, and especially the Insurance Law, begins to receive more boom because of the non- compliance of works, credits, and contractual obligations, having to go to the policies and insurance that cover the contingencies of the contracts, however there are not many positive responses that are obtained by validating these protections and that will be explained in this text.
Coronavirus (covid-19)- derecho- derecho de seguros economía incumplimiento contractual poliza de seguros
The judicial precedent and the unconstitutionality exception: A revision of the SU-140/19 judgment and the violation of the principle of legal certainty and progressiveness
The present article tries to highlight the thesis that the judicial precedent is not absolute for the judicial operators and that they can depart from it protected in the power of exception for unconstitutionality, based on a revision of Judgment SU140 / 19, analyzing the failure in the argumentative system of the same and emphasizing that it violates constitutional principles of the social state of law such as the principle of legal certainty and the principle of progressivity, sufficient reason for the judges of instance to ignore said judicial precedent and in instead apply the preceding precedent recognizing the pension increases requested prior to March 29, 2020.
Memoirs of the innocence project: The crime of receiving stolen goods as seen from a case study
The article arises as a product of one of the cases developed within the Innocence Colombia Project. The case under study is based on the crime of receiving, as provided in Article 447 of the Colombian criminal law, which has been subject to substantial changes reflected not only in the transformation of a crime but also in an increase and decrease of custodial sentences; it is also observed that the constant change of regulations has allowed the generation of transcendental errors in the analysis of the crime and the punitive assessment, thus allowing unjust convictions and violations of due process. By reviewing a case study through the analysis of procedural documents, doctrinal, legal and jurisprudential texts, physical and digital for the crime of receiving, it was possible to establish the background of the crime in Colombia, its concept, characteristics, general aspects surrounding the ruling in a case where the criminal dosimetry was based on a false normative appreciation, in which the fundamental rights of those involved were violated. It is concluded that the conduct of receiving has been subject to multiple regulatory changes over time, as a result of the repeated conducts by the actors of criminal conduct; however, at the time of issuing a ruling, the Ad Quem may incur in an error of fact by false judgment of reasoning and end up imposing an excessive penalty, violating the principle of legality.
En contexto de acreditación de alta calidad
La Acreditación en Alta Calidad tanto Institucional como de Programas de la Universidad Libre Seccional Cali, se ha convertido en el pilar de una Nueva Cultura Académica, que ha transformado las prácticas tanto administrativas como pedagógicas, volviéndonos más reflexivos, sistemáticos y por supuesto más exigentes como Institución y como Facultad.
THE NEW SERIES OF RESEARCH OF THE FACULTY If there is any way in which the university can give back to society what it deposits in it, it is the scientific elaboration of knowledge, which as such is important for any community. This Magazine, for example, confirms these efforts that are published every semester. And in this sense, our faculty of Law has taken up the even more difficult task of preparing and organizing a bibliographic series of advances or results of research, that is, books of our faculty researchers in the different branches of law and disciplines that adjoin the legal. For this purpose, since the month of April has counted on the editorial advice of Lizardo Carvajal, surpassed in the region in this type of process, to start with a seminar that has been called as "Drafting Table" where every afternoon of Wednesday during two months the main guidelines for the structuring of an academic text were provided. This space has served so that lawyers have approached the phenomenon of interdisciplinarity, and one more opportunity to put ourselves in line with the new academic-editorial requirements, especially those of the Administrative Department of Science and Technology (COLCIENCIAS). The results, being modest, could not have been better. Indeed, there are 16 titles that will be ready to be published, works that were submitted to a careful and demanding work of reviewing originals, reports on aspects of semantics, syntax, style and spelling. Regarding the cataloging on the web, under the basic criteria for the publication and accreditation of university books resulting from scientific research, compliance with the general requirements is met, in the sense of guiding the authors and editors in the publication work and thus it counted on the revision of academic pairs constituting a form of publicity of the documents produced in the undergraduate and postgraduate programs. In the series, there has been a vast production in criminal law and related, which is not free since the Master of Criminal Law and the Master of Criminalistics and Forensic Sciences have led and made a presence in the editorial process. There are two titles that show the 80 researches coming from the theses of the aforementioned masters where indexes, authors, key words, juries and thesis presidents are indexed, and a brief review of the content of each thesis is made. Also in criminal matters, there is the Principle of Opportunity of Enrique Arteaga, trying to establish the impact that this institute has had against the new oral accusatory penal system. Maribel Lagos compiles five essays by ten researchers from the Research Group "Penitentiary and Prison Systems" with the title "Penitentiaries and Prisons" in diverse contexts. Theory of the crime is the contribution of Hernando Ordoñez to approach thematic like the social control, the imputability and inimputabilidad, the amplifying devices of the penal type, the punishability and the responsibility. On the other hand, María Inés Muriel, specialist in criminalistics, compiles essays in two papers: Criminalistics and forensic sciences in the Colombian accusatory system and the expert evidence in the Colombian accusatory criminal process. In the same criminalistics, Luis Guillermo González compiles research products in the Human Identification. The homicides in series of Iván Valencia, now in the key of criminology, realizes a theoretical foundation on the assassins in series and soon it describes the characteristics of two Colombian serial assassins. Already in co-authorship, Héctor Hernández, Adolfo Murillo, Julián Durán, and Herman Gómez, contribute with their legal essays in Approaches to the current Colombian law; as well as those already named Hernando Ordoñez and María Inés Muriel, and Lilia Cortés and Maribel Lagos who took on the task of compiling works, the first with Exclusion of evidence in the Colombian accusatory system, and the second with La pena. Beyond the criminal, we find the political participation, education and responsibility of the Colombian State where the academic coordinator of our undergraduate compiles 6 essays on these topics. On her side, Lilia Cortés reflects on the academic educational strategies of the academic Ken Bain in university education. In the civil procedural law, Jaime Mendoza and Villa Angelly clarify whether the payment process as a procedural mechanism will serve to reduce the judicial default, an issue raised in the payment process, chimera or legal reality? Finally, moving away from the purely legal, and entering political science, we have the text Latin American Political Philosophy in which Ángelo Mauricio Victoria works as author and compiler of a series of essays about the notion of "good living" and its development in the Colombian, Ecuadorian, Mexican and Venezuelan context. As we can see, our efforts are aimed at enriching the science of law, and hence the right to sustain the high quality accreditation that we are seeking to ratify with the re-accreditation that we expect soon. José Hoover Salazar Ríos Facultad de Derecho, Ciencias Políticas y Sociales Universidad Libre Cali
Prior Consultation and Bill on Prior Consultation: Violation of fundamental law in Colombia.
The document presents an analysis from the rules and jurisprudence around the need to maintain a legal structure, from the general theory of law, to continue recognizing the importance of consulting with ethnic communities and not limiting the fundamental right of them. It also proposes the obligation of the authorities to create legal and administrative safeguards to guarantee this Right and the active participation of the peoples in the community processes that aim to stop the progress of projects that undermine the integrity of the territory.
Ante la política de ciencia, tecnología e innovación
BEFORE THE SCIENCE, TECHNOLOGY AND INNOVATION POLICY In clarity that the policy of science, technology and innovation is, on the one hand, one of the main guidelines developed by the national government for the 2014-2018 period, and on the other hand, part of the strategy of Strategic Competitiveness and Infrastructure for the period 2016-2025, to which is added the Colombian historical experience of being in the frame of action of post Agreements of Havana, the Criteria Libre Jurídico Magazine is compelled to join the efforts from the framework of academic and investigative action of the Faculty of Right of Universidad Libre Seccional Cali to contribute to the visibility of research results as a missionary principle that responds to the demands of the country's bets in order to respond to the specific challenges of the territories in cooperation with the agents of the national system of innovation. Although to achieve high rates of visibility, the editorial policy of the Free Criteria journal should be rigorous in following the guidelines required by Publíndex, it finds, beyond the reach of measurement indicators, an opportunity to be decidedly a contribution to the dissemination of results of inquiries carried out by national and international researchers. Several steps have already been taken from the route to follow, and this is what the authors identify who have seen in our editorial the propitious setting for their publications. What remains to be removed brings great challenges. Every time that the universities turn their eyes towards the policy of Colombian CTeI, they try to attend it with the rigor that their budgetary possibilities allow them, which means to tend for a pertinent bet of the investigation in the regions, at the same time as the actions advanced by the Teachers researchers also join the path of institutional accreditation, certification and recertification of programs. The policy of CTeI is transversal to the requirements for the academic offer and the recognition of quality in the accreditation; both the one and the other, has among its indicators the publications. Being the Criterio Libre Jurídico Magazine a scientific publication scenario in the areas of Law, Political and Social Sciences, it has its virtual publication in the Open Journal System -OJS software, under the guidelines of Publindex, adding to this the open visibility of inquiries of the researchers and what that implies in an opportunity for their indicators as a researcher and author of publications, as well as the strengthening of the institutions to which the researchers are formally linked. The challenge is to position the editorial rigor of the Criterio Libre Jurídico Magazine visible in the National Service of Indexing of Serial Specialized Publications of Science, Technology and Innovation - Publindex, thereby irradiating the academic communities that have decided to publish with us. We are all then called to know the one and multiple ways of reading the world from the perspective of law, political and social sciences, as research results, adding to this reflection exercises for future new publications. JOSÉ HOOVER SALAZAR RÍOS Faculty of Law, Political and Social Sciences Universidad Libre Seccional Cali