Analysis of Law 2157 of 2021 as an Instrument for the Reactivation of the Financial Sector in Accordance with the Superior Values of the Social State of Law and the Essential Purposes of the State
The present scientific article proposed as a general objective to analyze if Law 2157 of 2021 is constituted as a true instrument for the reactivation of the financial sector in Colombia and the incorporation of fundamental social rights inherent to the Social State of Law. The foregoing with the understanding that, although credit bureaus or negative data administrators of the financial system are of special importance in congregating guarantees in favor of creditors, such management should not be deregulated and monopolized by the discretion of the commercial and financial entities, it being necessary for the Colombian legal system to promote better conditions in favor of debtors. To this end, the legislative initiative called a clean slate seeks to offer greater guarantees in overcoming negative financial reports, with a view to protecting the interests and rights of defaulters and allowing the reactivation of the commercial and financial system in post-pandemic times. The previous task was executed obeying a descriptive legal methodology and with a qualitative approach based on documentary review, being necessary the consultation of doctrinal, normative and jurisprudential literature to support the results and conclusions of this academic undertaking.
Economic reactivation, financial system, risk centers, negative financial data, debtors, constitutionalizing.
Review of the Economic and Tax affectation of VAT on the Family Basket in the Second Half of the Duque Government: Implications of the Universalization of VAT and the Pandemic Crisis
Bearing in mind the following Article, its general objective is to visualize the main damages of an economic nature on the family basket, demonstrating that this investigation requires maximum application and practice on what really happens in our country Colombia, since this affectation is evident, and the following assessments are supported by authors and by the same regulations. The history of the Value and its progress and development over time is the tribute that all Colombians are obliged to pay, since it is immersed in almost all production activities, both goods and services, thus becoming in the largest source of revenue for the state. The first time that it was observed from the Egyptians, passing through the Greeks and the Romans, it is necessary to assert that, when many of the authors mention the tax in a general way, they refer to the aspects of this tax in the Roman Empire as a primordial vestige. accurate and meticulous approach regarding the way this lien has advanced. This investigation will have as main sources, the contributions of various authors, in addition, of the normative managers who intend to implement what is the truth of the Value Added Tax on the family basket and other basic costs on Colombian citizens, understanding its main economic affectation with looking at a balance that is made, not only at a theoretical and conceptual level of authors about the second half of government of Iván Duque (2020-2022), but also to understand what the Colombian environment is going to be like based on a knowledge more methodological and, from there, produce practicalities and conceptual and theoretical contributions that are useful for this inquiry.
Economic affectation, normative managers, conceptual contributions, family basket.
Analysis of Assisted Suicide Legislation in the Applicability of Euthanasia in Colombia
This paper reviews the legislation, jurisprudence and doctrine related to euthanasia and assisted suicide in Colombia. The jurisprudence of the Constitutional Court on the matter is analyzed in detail. It should be recalled that the Legislative has not issued a law regulating this type of legal concession, only constitutional jurisprudence is the reference. In part of the document there is a brief review of comparative law, of those European and American countries that have decided to incorporate into their legal system this type of conduct, in which normally both the patient and the physician act voluntarily, in order to mitigate the suffering of the patient who may receive a death that he/she considers dignified. Undoubtedly, this is a controversial issue, since the traditionalist and moralist positions will always repress the voluntary termination of the right to life, by scientific intervention by health personnel, provided that there is informed consent of the patient and the legal assumptions in this regard.
Assisted, euthanasia, death, life, suicide.
The Conflict of Rights Regarding the Partial Decriminalization of Abortion Regarding Parental Consent in Colombia
The realization of the abortion practice has been discussed since the year one thousand nine hundred and sixty (1960) when the country with the greatest bid in the fight was France, where feminist movements achieved great decisions regarding legislation on the sexual and reproductive rights of women. The abortive behavior descended to the Colombian country has gone through three great transcendental moments, since the magna carta of 1991, the sentence C-355 of the year 2006, and finally the most recent position regarding the aforementioned, the sentence C-055 of the year two thousand twenty-two (2,022). Abortion must be fully studied, the parties involved in them and the exceptional case of the father with expectation, since specific situations should be analyzed to determine, create and verify the legal actions that they may have in the decisions to access abortion.
Abortion, abortive conduct, Constitutional Court, consent, expectation, father, crime.
Analysis of Pension Modalities in the Individual Savings Regime with Solidarity in Colombia
With the exception of the special and excepted pension regimes, for example, the retirement and retirement regime of the members of the public force, the regime of the congressmen of the republic, among others; In the Colombian legal system there are two ordinary pension schemes, namely: the public scheme of average premium with defined benefit and the private scheme of individual savings with solidarity - RAIS; the latter being the object of study of this article. The specific characteristics of the individual savings scheme with solidarity were detailed, in a comparative way with the public scheme of average premium with defined benefit, in terms of conceptualization, destination of the contributions, requirements to obtain the old-age pension, the impossibility of completing requirements for pension, destination of unconsumed balances upon the death of the member or pensioner who is not survived by beneficiaries entitled to the survivors' pension, among other fundamental aspects. Additionally, using the methodology of documentary and hermeneutical analysis, the question was answered regarding which of the modalities that currently exist in the RAIS, is the most appropriate to opt for at the time of pension recognition? Therefore, an analysis of the pension modalities in the individual savings regime with solidarity in Colombia was made.
Pension fund administrators, Affiliate, Pension bonus, Necessary capital, Minimum pension guarantee, Pension, Life annuity, Scheduled withdrawal.
The Permissiveness of Family and Legal Factors Influencing the Issue of Child Labor in the Municipality of Fonseca, La Guajira
Child labor is a problem of social importance, whose origin goes back to states of deprivation of minimum needs that generate poverty and also to very deep psychosocial roots. The problem is notoriously present in each of the areas, departments, capital cities and municipalities of the country, the Municipality of Fonseca Guajira not being an exception to the presence of this social scourge, where it is viewed with great concern by the local government, especially due to the high incidence that this has in detriment of the rights of children and adolescents. This is a multicausal phenomenon, approached from the causal consideration of poverty as a generating element, so the purpose of this article is to make an analysis from an approach of the permissiveness of the legal factors that influence the minor worker of the municipality of Fonseca the Guajira. The research is of an experimental descriptive type with a qualitative approach, using documentary review as a tool. The results show us that there is a cause-effect relationship between the family factors associated with the minor's work and the permissibility of the law, therefore, as long as it is not treated from the psychosocial sphere, it will always prevail.
Child labor, permissiveness of legal factors, family, children.
The Liability of Auditors and Supervisors for Non-compliance in the Supervision of the Execution of Public Works Contracts in Colombia
The purpose of this work is to review how the responsibility of auditors and supervisors is configured from its main function of monitoring and controlling public works contracts in Colombia, from the regulatory evolution that has taken place in the matter, since it went from having only technical responsibility and was extended to other areas including the fiscal. This is based on the high levels of corruption that occur in government procurement and especially in public works contracts in which large amounts of public money are committed.
Construction contract, supervisors, auditors, responsibility, Colombia.
Admissibility or Inadmissibility of the Disciplinary Sanction Against Public Contractors in Accordance with Law 1474/2011
The objective of this scientific article was to analyze the origin or inappropriateness of the disciplinary sanction to contractors in accordance with Law 1474 of 2011, the above in the understanding that as a consequence of the enactment of the anti-corruption statute, the possibility of ethically reproaching individuals was opened. , specifically public contractors, who as a consequence of the administration of State resources and closeness to the state's social purposes may be recipients of said action, therefore, it is important from the academy to examine the normative and jurisprudential evolution of the subject, and the different positions of the academy for and against said undertaking, this problem being addressed through a legal methodology, of a descriptive type and a qualitative approach based on documentary review.
Public contracting, individuals, general interest, corruption.
The Quality of Home Public Services in the Municipality of Pivijay Magdalena as A guarantee of Citizen Rights in Colombia
The provision of residential public services is a neuralgic issue for Colombian society because it is intrinsically linked to the approach of fundamental rights of citizens and its practice, contrasts with that constitutional guarantee; because the reality is a context subjected for years to the violation of those rights due to the lack of quality, affecting the right to a dignified life. The reflective inquiry of this academic work aims to analyze the structure of the provision of home public services from the rights approach in the municipality of Pivijay, department of Magdalena in Colombia under the methodologically designed edges from the qualitative approach hand in hand with the hermeneutical method substantially taking the public nature of public services, the public administration as a guarantor of rights with comprehensive public policies to fulfill the purposes of the State and the democratic exercise of social control through citizen participation as a possibility of change, since , in most municipalities there are immense inequalities in the quality of the provision of these essential services such as water and electricity where their costs affect the quality of life of their inhabitants.
Residential public services, guarantee of rights, citizen participation, social organizations, service quality.
Analogical Application in Labor and Social Security Procedural Practice
The main objective of this article is to show to all the people who practice in daily basic the labor procedural law, about the use of the analogy as a tool product of the expression of the law, and then conclude with the special cases in which, we can apply the analogy to gain the total normative integration. To achieve that objective, we used a qualitative – applied type of methodology, using the logical deductive method, in order to try to approach general concepts to labor procedural practice. The conclusion at the end was that the analogy originates from the predictive faculties of the legislator, as a product of his awareness of past and present facts. All though, we find that labor and social security procedural law has a numerous legal gaps, in relation to the factors to determine jurisdiction, procedural subjects, procedural acts possible annulments, about the proof, resources, which must inexorably be supplied by the analogy as a tool to integrate the law.
Analogy, legislator, expression of the law, normative integration, predictive faculties.
The Avoidance of Parental Responsibilities and the Situation of Mothers Heads of Household in San Andrés de Sotavento During the Years 2020-2021
In the Colombian legal system fathers and mothers have equal rights and obligations towards their children, but statistics showed that women must contribute to the food process to ensure the means for the subsistence of their children, so how does the evasion of parental responsibilities affect the conditions of inequality of mothers heads of households in San Andrés de Sotavento during the years 2020-2021? to resolve the question formulated, qualitative research methods were used to identify the duties of fathers in the Colombian legal system and their impact on gender equality. the text analysis form was used to organize the information found in the databases, which was subsequently the product of a systematic review that made it possible to identify in detail the conclusions of these sources consulted; in a second moment, the characteristics of the judicial claims made by mothers of San Andrés de Sotavento on children's rights during the years 2020-2021 were examined through interview techniques and discourse analysis of the statements given by the municipal promiscuous judge, Dr. Mary Luz Toledo Vergara, and Dr. Mary Luz Toledo Vergara. Mary Luz Toledo Vergara, and, lastly, the socioeconomic conditions of the women of San Andrés de Sotavento were exposed thanks to the analysis of the documents collected in this process and under the use of a meta-synthesis where the previous studies on the problematic are reanalyzed. As a conclusion, it was found that there is a great affectation to the rights of women and children in the municipality of San Andrés de Sotavento, originated in the macho culture that imposes the roles of upbringing to the mother and the evasion of economic responsibilities by the fathers, making necessary a reinforcement of the sanctions that these evaders must face.
Minors, women, fathers, parental responsibility.
Legal and Jurisprudential Analysis, Regarding Disabilities of Non-work Origin that Exceed 540 Days in Colombia
The objective of this scientific article was to analyze the regulations regarding disabilities derived from common origin that exceed 540 days in Colombia, the foregoing in the understanding that prior to the enactment of Law 1753 of 2015, there was a legal limbo in Colombia. Regarding the payment of these benefits, it is a common practice to force the worker to work regardless of his state of health, this in evident deterioration of his right to health and to work in decent and fair conditions. However, the rule in question established that the EPS are in charge of assuming said burden, a postulate that was later developed by the jurisprudence, with constant pronouncements of the Courts defending this faculty of the workers. Therefore, invoking a legal methodology of a descriptive type and with a qualitative approach based on documentary review, this document will demonstrate the importance of said reform with a view to empowering the interests of the working class, which is necessary to prevent the deterioration worker's economic situation linked to his deteriorating health.
Common disability, economic subsidy, right to health, fair decent working conditions, social security.
The Inefficiency of Applying the Preventive Function of a Special Character in the Colombian Criminal System 2019-2021
This article presents a critical analysis regarding the high rates of recidivism of subjects resocialized by the Colombian penal system and the factors that influence the growth of this phenomenon that prevents an effective reincorporation of the convicted person into the social environment, seeking to explain why in the Colombian criminal legislation has not achieved a balance in terms of what is ideally proposed and what is materially developed, the above, due to the considerable number of convicted persons who repeat criminal actions unequivocally contrary to the proposals of the resocialization system. The high rates of recidivism in crimes by criminal subjects, will be analyzed, the responsibility on the part of the state in achieving an effective reinstatement of the convicted person and the shortcomings that prevent the punishments or consequences for committing criminal behavior from being so efficient that the same are not repeated subsequently, making it necessary to study and verify whether the application of the main prison sentence in Colombia is necessarily applicable and whether or not it complies with the special purpose of prevention included in the resocialization phase of convicted persons. In order to for this, must take into account not only the cause that generated the first conduct, but also why the convicted persons decide to commit another punishable conduct that relegates punishment as a clearly idealized function of what it should be.
Resocialization, recidivism, prevention, crimes and offender.
Secured Transactions: Regulation, Effectiveness and Impact in the Colombian Legal System as of 2013
In this article, a general analysis of the property guaranties is deveolped. This guaranties are methods to ensure the payment of the financial obligations, taking an inmovable property as warranty. The problem is that, years ago, if a person in Colombia (micro or medium-sized company) didn’t have an inmovable property, then was not a candidate to obtain a credit from a financial institution; when the law 1676 of 2013 appears, the rule perspective changes. Taking this in account, this investigation analizes the efectiveness of the regulation and its impact, obtaining positive and negative results.
Property guaranties, inmovable property, commercial law, legal and social impact, regulation.
Impact of the Public-Private Partnerships Regime on State Contracting in Colombia in the Period 2012-2021
In Colombia, state activity is carried out through the various administrative functions in charge of state entities with legal capacity to contract, thus having various mechanisms for the fulfillment of the essential purposes of the State, which, as a rule, are carried out through the different modalities of public contracting. Now, the Colombian State has developed a set of legal regimes of a special nature, with various mechanisms and alternatives to guarantee an efficient, transparent and objective selection purchasing system, it is here where the figure of the so-called public-private associations arises in hereinafter PPP, based on Law 1508 of 2012, in which the private sector is called to intervene and through which a substantial change in contractual matters is produced between the State as a contracting figure and the collaborating contractor.
APP (public-private partnerships), state contracting, private initiative, infrastructure, contractual relationship, and social infrastructure.
Principle of Transparency in Contracts for the Provision of Services in State Institutions
This reflection article deals with the principle of transparency of the state contracting regime in Colombia, understanding that one of the main problems that is observed on a daily basis is political corruption that absorbs the country so much, especially regarding state contracting.. This is how it should be established through this study whether or not there is real compliance with the objective proposed by the constitutional norms and Colombian legislation on state contracting. According to the topic and proposed problem, the following question was raised: How has the principle of transparency in state contracting been applied in Colombia in accordance with Jurisprudence, doctrine and the same regulations? The development of the article was carried out from a documentary research perspective, bearing in mind that it is a reflection article, therefore bibliographic references were consulted, regarding the subject, by doctrinal authors and research carried out. As a general objective, it was proposed to analyze from Colombian jurisprudence, doctrine and regulations the application of the principle of transparency in contracts for the provision of services in institutions.
LAW & ECONOMICS FROM THE BUSINESS POINT OF VIEW
In colombian lagistalation has been detected a dispute and legal uncertainty for the non-existence of rules that regulate the conduct of the business subject, so that has been adopted from comparative law parallel situations that lead to the legal basis under which the lawsuit will be resolved, so, the economic analysis of law from a business point of view attends and intervenes in order to identify business behaviors and the actions of businessmen from legal- economic arguments and criteria so that from these conceptions judicial mechanisms are established in our legislation that obey to regulate the actions of the business subject and with it, determine fairly the sanctions to impose according to their responsibilities. The relevance of economic analysis in the application of law as that guiding and structural principle in our Colombian legal system, starting from know how the law Works to understand the important relationship that lies in the economy and the same right and of the same right as a fundamental structure for the effective application in the determination of decisions impetrated by the competent authorities.
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Equity Rights Of Composers, Interpreters, Producers an Representatives Of The Music Industry
Since the 1990s, with the appearance of computers and the Internet and the subsequent digitization, there has been a phenomenon that has changed the music industry in a definitive and irreversible way. This has forced States to have to update regulatory instruments to properly regulate access to music and copyright. For this reason, this research starts from the following question: How to make the subjects involved in the music industry aware of the economic rights? This question covers both musicians and composers and ultimately all those who make a living in the music industry, but mainly the user, who is asked to take responsibility for their consumption. For this reason, a theoretical, conceptual and normative development is carried out in this work, in which the importance of respecting property rights is highlighted, especially in countries with a limited industry and such as Colombia.
Analysis of the monitoring process in Colombia under thepronouncements of the constitutional court
With the development of the present investigation, it is intended to carry out a critical analysis about the effectiveness of the order for payment procedure in Colombia, this based on the pronouncements of the Constitutional Court in which it develops the procedure and proceeding of said process, especially regarding to the enforceability of personal notification to the defendant, excluding any other form of notification or defense mechanism such as conservatorship. The investigation will attend to the criteria of the qualitative approach, under the analytical-descriptive method to find out how the order for payment procedure has been implemented in the Colombian judicial system; likewise, the research techniques and instruments that will be used will be the documentary and jurisprudential review.
Guardianship action against judicial orders in the last decade
Since the promulgation of the Constitution of 1991, which created the tutela action as a mechanism for the protection of fundamental rights, the High Courts, of those that stand against judicial decisions, indicating that, first, an examination of provenance must be carried out also called general and specific requirements, which once fulfilled it is necessary to verify the error or omission made by the judicial operator who issued the decision, so that it can be corrected.
Need for a medical expert opinion as a requirement to admit medical Liability demand
The importance of a medical expert opinion in medical liability claims is fundamental, since in order for the conduct of a doctor to be assessed, and to establish whether he acted in accordance with the provisions of the medical ethics law, or the lex artis, necessarily requires an expert who as an expert determines whether or not the doctor acted in accordance with the requirements of medical science, hence it should necessarily be noted that in processes where a medical professional is tried, without there being Medical expert, it will be difficult to conclude whether or not he is responsible. In most medical liability processes, the plaintiffs and their attorneys, from the filing of the lawsuit, never provide as evidence a medical expert opinion that allows a directive to be given to the judicial operator, but always request that the practice of This test, through an official letter to the competent authorities such as the National Institute of Legal Medicine and Forensic Sciences, an entity that, due to having a large congestion of requests for expert opinions, delays the delivery of the same. A change must be established that allows the requirement of a medical expert opinion with the presentation of civil liability claims and that is a requirement for admission thereof, in order to assess its incidence in the speed to issue a judgment.
General aspects of the insolvency law of a non-trading person
In the development of this article, an analysis of the general aspects of the insolvency law of a non-commercial natural person is established, promulgated in the Nation in order to provide protection to natural persons who are in debt, which, explains the procedure adjusted to the debtors or insolvent people who do not carry out commercial activities and who find it impossible to pay off their debts, since their wages are not enough to cover the corresponding payments, for this purpose, a consultation of articles 531 was made to the 576 of the General Process Code and Law 1564 of the year 2012, extracting the essential elements in order to fulfill the general objective of this investigation, which focuses on interpreting the benefits that are granted to natural persons not insolvent merchants to change the monetary status in which they are, as a result of the overindebtedness generated by the different s lenders. The present study was carried out under a descriptive type of investigation with documentary design and it is concluded that the law empowers any person, even if they do not carry out commercial activities, have the opportunity to establish an agreement and continue to have access to loans at interest to recover from an economic crisis.
Financial balance in state hiring in Colombia, due to unexpected events and breach of the state
The financial balance may be affected by various causes, some attributable to the contracting administration itself, such as the breach of its contractual obligations or the modification of the conditions of execution of the contract, others also attributable to the administration, butstemming from its state function and foreign or foreign to the parties involved in the business, in whose occurrence the Theory of Unpredictable is discussed, since it deals with those factual circumstances that unexpectedly arise in the execution of the contract and foreign to the entity as part and to the state as administration, of course, coming from or originating in facts, behavior sand situations also foreign to the person of the Contractor.
Resource remedy against the decisions made by the company of public services Electricaribe s.a.
In Colombia, home public services come to be considered as social purposes of the State, associated with the quality of life of citizens. In addition, they are considered a budget for the validity and respect of fundamental rights, and an essential basis for the development and competitiveness of the country. All the actions carried out by the State seek to provide a solution to the needs of all the inhabitants of the territory, specifically in relation to home public services, which are essential and fundamental. On the occasion of this, the resources that can be filed within a process are part of the right of defense of the user of public services; This is how the appeal for reinstatement is used when you do not agree with the decision issued by the entity providing the service, and its main purpose is to protect the rights that were affected; giving way to the user so that he can file said mechanism with the entity that issued the resolution, in order to clarify, modify or revoke it
Failure of legal control in the award of public contracts in Colombia
With the enactment of Law 80 of 1993 in Colombia, it considered the definitive legal solution for the issue of public contracting a topic of utmost importance for any country as it is the means available to any government on duty to the implementation of its policies. The public contract becomes a fundamental part of public administration without it many of the works that were outlined in the Development Plans could not be executed. After almost 20 years of the new century, the problem with the legality of contracts is in question for many it has not improved on the contrary every day there are greater difficulties when entering into a contract between the Colombian State and contractors even they has been given to motivate corruption in this country. This situation leads us to wonder in what is failing so that the award of contracts presents so many problems
Precautionary measures in the procedure for termination of the contract by the will of the worker for alleged work harassment in Colombia
Workplace harassment is a practice that interferes with the employee's relationship with the employer, in which case he can report this situation to the company or resign his position, losing the right to receive compensation in the first instance. In any case, you have the guarantee when filing the complaint not to be dismissed in the following 6 months, but it is not taken into account as a precautionary measure that guarantees the worker's labor rights. It is that the objective of a precautionary measure is to prevent the damage that may be caused to labor rights, also guaranteeing compliance with what was ordered by a judge in the sentence. Thus, in the Labor Procedural Code there is the precautionary measure of the surety in article 85A, while in the General Process Code stipulated nameless precautionary measures, which would serve, complying with the rules stipulated there, for the labor process. Therefore, through legal research with a qualitative approach, the issue of the application of precautionary measures in labor processes in Colombia is addressed, especially those related to workplace harassment
Egalitarian marriage, a path to equal rights with constitutional protection
The article deals with the formation of homoparental families in Colombia, the progress made in the protection of rights and the configuration of the current family. A qualitative methodology was used with a documentary approach and a descriptive scope in order to obtain information on the legal-constitutional treatment given to the subject. Consequently, a review was made of Rulings C-577 of 2011 and SU-214 of 2016 and other previous rulings, which allowed the identification of affirmative actions that have been taken with respect to the recognition of rights through jurisprudence in people with diverse sexual orientations and determined their scope in the concepts of marriage and family.
Assessment of the state response to to child abuse and youth crime
Child abuse is a social and public health problem that tests the institutional capacities of the Colombian State, since its magnitude requires a significant response from different areas of public power. The consequences of child abuse are reflected in the development of maladaptive and violent behaviors that, when not professionally cared for, end up generating future young offenders in society. With this article we want to assess the state response to these two phenomena, for which the problem was analyzed conceptually and legally, trying to describe the factors that make up the variables of abuse and juvenile delinquency in order to understand the relationships of these phenomena
Evolutionary analysis of the concept of family: a face study with the colombian constitutional jurisprudence
This study is developed based on a compilation of jurisprudence issued by the Constitutional Court, taking into account the need to indicate the evolution and conceptualization that the concept of family has had in the legal system, taking as a basis what is contemplated in article 42 of the National Political Charter, and through said analysis it is concluded that the Institution of the family, fills many of the gaps to which socially and on a daily basis it is tried to respond, by virtue of the fact that it is the beginning and the end both in an individual and in the social dynamics in generally.
The Importance, Protection, Economic Benefit Of Intangible Assets
The article presented below is an investigation on the occasion of the development of investigative activities in Private Law in relation to the Specialization in Commercial Law course. The article is advanced through a review of books, articles, and statistical documents and public content. As for the substance, it´s to carry out an analysis of intellectual property in the Colombian economy, what are its various definitions according to the different entities that regulate it nationally and internationally. Likewise, determine the most relevant intellectual property tools on the market for better management of intangible assets. Once the importance of intellectual property has been analyzed, the different means of protection that inventors have to protect their creations will be reviewed, as well as the tools they have to exploit their intangible assets, once their inventions have been are duly protected.