Verba luris
type: channel
publisher: Universidad Libre
language: es
publication name: Verba luris
issn: 0121-3474
items: Editorial
items: The soldier as a bioethical citizen: a look at the medication andpharmacological empowerment of the military from neuroethicsand neurolaw
items: Between marginality and the state of necessity
items: Autonomy of indigenous communities and the right to abortion: a conflict ofrights in Colombia
items: Traite des personnes, Système Interaméricain, droits humains, obligations des États, perspective de genre
items: From a gender perspective to a gender perspective: An analysis of the implementationreluctance of development plans in the Colombian Coastal Zone between 2020 and2023
items: Legal And Socio-Political Analysis of The Contributions Of Total Peace To Democracy In Colombia (2022-2024)
items: Contractual paradigms and technology: reflections onsmartcontract, contractual freedom, neutrality and autonomyin the face of technological disruption
items: The Fourth Industrial Revolution: Legal Impact, Economic and Social forAgricultural MSMEs colombian
items: Legal right to food: Sustainable food intended to improve the food and nutritional conditions of vulnerable sectors
items: The scope of the division of roles adopted by Law 2094 of 2021 to comply with the principle of impartiality contained in article 8 of the American Convention on Human Rights
items: Perspectivas de la Paridad de Género al Interior de los Partidos Políticos. Estudio de Caso México, Ecuador y Colombia
items: La Salud Mental de Docentes Universitarios Durante el Confinamiento por COVID 19. Revisión Sistemática
items: Gender-Based Violence as a Tacitly Authorized Policy. Analysis of the Order of Determination of Facts and Conduct in Macro Case 02 of the Special Jurisdiction for Peace
items: Restrictive Competition Practices and Corporate Governance: Converging Paths
items: Intercultural Perspective of the Right to Life: Colombia, Bolivia, Mexico
items: Systematic Violence Against Women as a Criterion for Determining that the Perpetrator Incurs in the Punishable Conduct of “Femicide” by Causing the Death of a Woman by Reason of Being a Woman
items: A Socio-Legal Perspective on the Criminalization of the Venezuelan Migratory Phenomenon in Colombia
items: Socioeconomic crisis in Villa del Rosario (Colombia) due toVenezuela’s unilateral border closure
items: Nudges in Colombian administrative law: A view from behavioral Law
items: The Professional Practice Law in Front of Virtual Reality - Lawyering in the Metaverse
items: APPLICATION OF THE PRINCIPLE OF PROGRESSIVITY AND NON-REGRESSIVITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS COMPARED TO OTHER PRINCIPLES (PRINCIPLES MATRIX)
items: THE CONTRACTUAL PROTECTION OF THE FINANCIAL CONSUMER, THEORETICAL ASPECTS AND CURRENT JURISPRUDENTIAL
items: SUBJECTS OF RIGHTS IN COLOMBIA BASED ON JUDICIAL PRONUNCIATIONS. AMAZONAS AND ATRATO RIVER CASE: A LOOK FROM THE NECESSITY OF THE CONSTITUTIONAL Vindication of NATURE
items: The replanting rate of coca crops: a methodological proposal for its calculation based on official data from the Ministry of Justice
items: Didactic sequence for critical thinking to strengthen the formation of ethics in law students of the Universidad Cooperativa de Colombia
items: INEQUALITY OF RIGHTS BETWEEN THE WORKING FATHER HEAD OF THE HOUSEHOLD ABOUT THE WORKING MOTHER HEAD OF THE HOUSEHOLD IN CONNECTION WITH THE RIGHTS OF THE MINOR
items: Violation of constitutional principles due to the non-application of jurisprudential precedent: a look from the application over time of the theory of precedent
items: Proposal for an instrument to determine human talent management trends in SMEs in Bogotá and Cundinamarca.
items: The graduate academic: a silent revolutionary in a nation in progress 1867-1946: the Colombian case

Editorial
type: item
description: In this 53rd issue, faithful to this tradition, we present nine articles resulting from research and reflection processes associated with projects developed at different Colombian universities. The works address issues ranging from total peace policy to innovative approaches such as the theory of “nudge” applied to administrative law. Although the topics may seem diverse, they share a common thread: to update and revitalize the field of socio-legal research in Colombia, contributing to the interdisciplinary and transdisciplinary dialogue of law and its relationship with topics of interest to the academic community.
subject: Editorial
  topic: section
subject: Editorial
  topic: keywords
creator: Alexander Restrepo Ramírez
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-26
publication date: 2025-11-26
doi: 10.18041/0121-3474/verbaiuris.53.13295

The soldier as a bioethical citizen: a look at the medication andpharmacological empowerment of the military from neuroethicsand neurolaw
type: item
description: Humanity has been involved in armed conflicts since ancient times, which has resulted in considerable suffering among both soldiers and civilians. Currently, weapons and conflicts have evolved, and governments have begun to consider the use of drugs to improve the resistance of soldiers, reducing physical exhaustion, emotional tribulation and stress. This practice, however, raises significant ethical issues, as medications, neuropharmaceuticals, and antidepressants can have a permanent effect on soldiers’ mental state and behavior. The present investigation focuses on the ethical problems that arise in the supply of medicines and antidepressants to soldiers to improve their resistance in armed conflicts. Obtaining a military advantage in the framework of war actions is a legitimate purpose in confrontations, wars are made up of winners and losers who use various mechanisms to defeat the enemy at the cost of strategy and intelligence, the moral problem arises when in In order to win, the parameters of human dignity are transferred, in the case of the use of neuropharmaceuticals, edication and antidepressants to soldiers to improve their resistance in hostilities, reducing physical fatigue, emotional tribulation, stress caused by hostilities and making them stronger. to remain on the battlefields, a practice that must be reflected in neuroethics and neo-law, focusing on the recognition of the military as a moral agent with autonomy and freedom.
subject: Articles
  topic: section
subject: neuropharmaceuticals
  topic: keywords
subject: military
  topic: keywords
subject: autonomy
  topic: keywords
subject: bioethics
  topic: keywords
subject: neurolaw
  topic: keywords
creator: Juan Fernando Gil Osorio
creator: Brajhan Santiago Obando
creator: Maria Amparo de Dios Cortes Morales
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.12544

Between marginality and the state of necessity
type: item
description: The main objective of this work is to establish the differences between necessity as a ground for excluding criminal liability and the punitive reduction derived from the circumstance of marginalization. In this regard, a qualitative research study was conducted, based on a systematic review of case law issued by the Supreme Court of Justice of Colombia, using as theoretical foundations the proposals of renowned authors in criminal law who focused on the protection of human rights and respect for the Constitution. Variables such as the influence on the commission of the crime, the moment in which they must arise, the principle of subsidiarity, and the stage of criminal analysis at which these legal constructs take effect were considered; this made it possible to systematically and didactically organize between the analyzed legal concepts.
subject: Articles
  topic: section
subject: Marginality
  topic: keywords
subject: state of necessity
  topic: keywords
subject: causes of absence of responsibility
  topic: keywords
subject: excess
  topic: keywords
subject: subsidiarity
  topic: keywords
subject: actuality
  topic: keywords
creator: Jorge Rafael Vaca Espinosa
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.12529

Autonomy of indigenous communities and the right to abortion: a conflict ofrights in Colombia
type: item
description: This article aims to analyze the legal conflict that arises when women from indigenous communities are denied access to Voluntary Termination of Pregnancy (VTP), considering that indigenous communities are subjects with special recognition by the Political Constitution and the law, which grant them the authority to govern itself according to their own norms and to resolve its conflicts through special jurisdiction.
subject: Articles
  topic: section
subject: Abortion
  topic: keywords
subject: indigenous autonomy
  topic: keywords
subject: indigenous special jurisdiction
  topic: keywords
subject: sexual and reproductive rights
  topic: keywords
creator: Andrés Mateo Sánchez Molina
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.12526

Traite des personnes, Système Interaméricain, droits humains, obligations des États, perspective de genre
type: item
description: Human trafficking is a serious violation of human rights that undermines the dignity, freedom, and integrity of victims. This multi-offensive crime has been addressed by the Inter-American Human Rights System through various cases, establishing standards on the obligations of States in terms of prevention, investigation, punishment, and reparation. This article analyzes the development of these standards, with particular emphasis on the judgments of the cases "Workers of Hacienda Brasil Verde Vs. Brazil", "Ramírez Escobar et al. Vs. Guatemala", and "López Soto et al. vs. Venezuela". Based on a systematic analysis of these decisions, the key principles and obligations that should guide the state response to human trafficking are identified, such as due diligence, gender perspective, and comprehensive protection of victims. Likewise, it reflects on the challenges and opportunities for the effective application of these standards in the current context, providing concrete recommendations to strengthen the fight against this scourge from a human rights approach.
subject: Articles
  topic: section
subject: Human trafficking
  topic: keywords
subject: Inter-American System
  topic: keywords
subject: human rights
  topic: keywords
subject: state obligations
  topic: keywords
subject: Gender perspective
  topic: keywords
creator: Carolina Rodríguez Bejarano
creator: Andrés Fernando Mejía
creator: Heiana Pereyre Toimata
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.12446

From a gender perspective to a gender perspective: An analysis of the implementationreluctance of development plans in the Colombian Coastal Zone between 2020 and2023
type: item
description: This research analyzes the necessary shift from the gender approach to the implementation of the gender perspective in the public administration of the departments of Bolívar, Córdoba, Sucre and San Andrés during the period 2020-2023. The study is based on the observation of a significant gap between the formal inclusion of the gender perspective in development plans and their effective implementation. Through a mixed methodological approach, which articulates the qualitative analysis of regulations and official documents with a statistical and theoretical review in a feminist key, institutional omissions are identified in the fulfillment of the constitutional duty to guarantee substantive equality between women and men.
subject: Articles
  topic: section
subject: Gender perspective
  topic: keywords
subject: public administration
  topic: keywords
subject: public policies
  topic: keywords
subject: civil service
  topic: keywords
subject: quality of life.
  topic: keywords
creator: Mónica Patricia Fortich Navarro
creator: Blas Meléndez Caraballo
creator: José Luis Silva Suarez
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.12437

Legal And Socio-Political Analysis of The Contributions Of Total Peace To Democracy In Colombia (2022-2024)
type: item
description: This article conducts a legal and sociopolitical analysis of Total Peace in Colombia, with the aim of assessing its contributions to democracy during the 2022-2024 period. First, it reconstructs the concept of democracy drawing on authors such as Norberto Bobbio, Alain Touraine and Carlo Galli. Second, it presents a state of the art of the scientific and gray literature on Total Peace, to identify the diverse narratives and critical perspectives that have formed around this policy. Finally, based on a media monitoring that captures the debates and developments related to the Total Peace policy, it offers arguments elements to answer the central question: In what ways does the Total Peace policy implemented in Colombia by the government of President Gustavo Petro contribute to democracy, taking the 2022–2024 period as the point of reference?
subject: Articles
  topic: section
subject: total peace
  topic: keywords
subject: Democracy
  topic: keywords
subject: Human rights
  topic: keywords
subject: Citizenship
  topic: keywords
subject: representativeness
  topic: keywords
creator: Cristian David Ocampo Macías
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.12432

Contractual paradigms and technology: reflections onsmartcontract, contractual freedom, neutrality and autonomyin the face of technological disruption
type: item
description: The purpose of this research is to analyze contractual paradigms in the face of emerging forms of algorithmic contract, as well as the influence of the principles of contractual freedom and technological neutrality on the expression of will, to outline current positions that explain the notion of contract in digital environments. Through a qualitative methodology and an explanatory dogmatic-legal approach, to study seeks to establish guidelines for the protection of the contractual rights of the parties, emphasizing the central role of contractual freedom and the autonomy of will in the context of algorithmic contracts. By analyzing specialized literature, the conceptual evolution of the smart or algorithmic contract is presented, and the most relevant epistemological positions are identified, with particular attention to the tension this figure generates within the contemporary legal framework.
subject: Articles
  topic: section
subject: Contract
  topic: keywords
subject: Blockchain
  topic: keywords
subject: Technology neutrality
  topic: keywords
subject: Freedom of contract
  topic: keywords
subject: disruptive technology
  topic: keywords
creator: Flor Maria Torres Guzman
creator: José Eduardo Valderrama Velandia
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.12429

The Fourth Industrial Revolution: Legal Impact, Economic and Social forAgricultural MSMEs colombian
type: item
description: This research is part of the doctoral work, carrying out a theoretical review of the competencies in economic and administrative sciences, demanded by the Colombian agricultural MSMEs (Micro, Small and Medium Sized Enterprises) under the fourth industrial revolution. For this purpose, a qualitative approach with a descriptive scope was adopted. In this sense, an exhaustive search was carried out in recognized academic search engines in Spanish and English, such as Scopus, Researchgate, Scielo and Springer, among others, in order to compile various resources such as scientific dissemination articles, statistical notebooks, reports of international and national organizations. This broad search made it possible to obtain a wide variety of sources relevant to the analysis. The information collected was then examined using ATLAS.ti software, which facilitates qualitative data analysis. With the help of this software, an exploratory analysis of the identified categories was carried out, focusing especially on those that registered a higher frequency. Likewise, a network analysis was performed to identify the interconnections and relationships between the different competencies identified in the literature reviewed. These analyses provided a deeper and more detailed vision of the transversal competencies demanded in the field of economics and administrative sciences, thus allowing significant and relevant conclusions to be drawn.
subject: Articles
  topic: section
subject: Analysis of education
  topic: keywords
subject: University teaching
  topic: keywords
subject: Industrialization
  topic: keywords
subject: Agricultural economics
  topic: keywords
creator: Camilo Andrés Martínez Delgado
creator: Christian Paulina Mendoza Torres
rights: Copyright (c) 2024 Verba luris
date: 2024-11-27
publication date: 2024-11-27
doi: 10.18041/0121-3474/verbaiuris.52.12387

Legal right to food: Sustainable food intended to improve the food and nutritional conditions of vulnerable sectors
type: item
description: Approximately 33% of the food produced in the world is wasted. In total 1,3 billion pieces of food are thrown way annually. In countries whit greater economic power, waste occurs at the consumption stage. In the regions of the word whit the greatest amount of unmet needs, in the primary production stage. In Argentina and particularly in the fruit and vegetable zone of La Plata, approximately 42,000 tons of food losses are generated every year, which could help improve the food conditions of a large percentage of the region’s inhabitants. Although the recovery of these foods is complex due to a multiplicity of factors, among them, the logistical management of the rescue, and the useful life of the food to be delivered, progress has been made in the installation of a processed food production plant on the premises of the La Plata Food Bank, intended for more than 130 canteens in the city of La Plata. This work demonstrates how, based on the recovery of part of the aforementioned food losses, a business model has been implemented that has allowed it to provide economic sustainability to the organization and the possibility of scaling production.
subject: Articles
  topic: section
subject: Food Loss and Waste
  topic: keywords
subject: Circular Economy
  topic: keywords
subject: Production
  topic: keywords
creator: Sebastian Laguto
creator: Pablo Giovannone
creator: Nicolás Varriano
creator: Helga Dworaczek
creator: Luis Antonio Alfonso Vargas
rights: Copyright (c) 2024 Verba luris
date: 2024-11-27
publication date: 2024-11-27
doi: 10.18041/0121-3474/verbaiuris.52.12386

The scope of the division of roles adopted by Law 2094 of 2021 to comply with the principle of impartiality contained in article 8 of the American Convention on Human Rights
type: item
description: This research is oriented under a qualitative approach, based on an inductive method that allows analyzing the elements that make up the division of roles as a requirement to guarantee impartiality in disciplinary processes. In this sense, with the current reform of Law 1952 of 2019 by Law 2094 of 2021, this element is incorporated into the structure of the disciplinary system headed by the Attorney General’s Office, the District and Municipal Personerías and the Offices of Internal Disciplinary Control to separate the investigation phase from the trial phase. Thus, the main result of this research leads to establishing that the division of roles is necessary to guarantee impartiality in disciplinary decisions, presenting as a central conclusion that it is necessary to further strengthen this requirement within disciplinary processes, preventing the same authority that investigates depends hierarchically on the same authority that sanctions, or is attached or linked to the same entity or institution of the one who makes the judgment.
subject: Articles
  topic: section
subject: Division of Roles
  topic: keywords
subject: Impartiality
  topic: keywords
subject: Natural Judge
  topic: keywords
subject: Disciplinary Processes
  topic: keywords
creator: Sergio Luis Mondragón Duarte
creator: Ana Francy Gómez Quintero
creator: Juliana Sinisterra Quintero
rights: Copyright (c) 2024 Verba luris
date: 2024-11-27
publication date: 2024-11-27
doi: 10.18041/0121-3474/verbaiuris.52.12385

Perspectivas de la Paridad de Género al Interior de los Partidos Políticos. Estudio de Caso México, Ecuador y Colombia
type: item
description: El presente artículo de reflexión se inserta dentro del interés por determinar la importancia y rol que desempeñan los partidos políticos frente a la aplicación del principio de paridad de género. Esto lleva a entender que existen barreras y problemas en materia de participación de las mujeres, ya que los espacios políticos se encuentran limitados en sociedades como latinoamericana, en el que prima el modelo patriarcal en todas las esferas, tanto pública como privada. Así, bajo un enfoque metodológico cualitativo, se procede a hacer un análisis sobre la visión, aportes y perspectivas que desde la doctrina, la ley y las instituciones u organismos internacionales conciben la paridad de género y la igualdad y equidad de género. Los resultados muestran que existen múltiples barreras al interior de los partidos políticos para incumplir con las obligaciones establecidas en la ley, bien para la cuota de género o para la paridad de género.
subject: Articles
  topic: section
subject: Gender parity, political parties, public policy, gender quota, political participation of women
  topic: keywords
creator: Sindy Viviana Medina Velandia
rights: Copyright (c) 2024 Verba luris
date: 2025-02-13
publication date: 2025-02-13
doi: 10.18041/0121-3474/verbaiuris.52.12126

La Salud Mental de Docentes Universitarios Durante el Confinamiento por COVID 19. Revisión Sistemática
type: item
description: El objetivo fue documentar la salud mental de los docentes universitarios durante el confinamiento por COVID 19. Se realizó una revisión de alcance de estudios publicados en las bases de datos: Pubmed, Ebsco, Scielo, Redalyc y Google Académico, entre enero de 2020 y abril de 2023. Se utilizaron las palabras clave salud mental, Covid 19, profesores universitarios, cualitativo, en inglés y en español. Se ubicaron 244 registros, de los cuales se incluyeron 12 artículos. Se encontraron niveles altos y muy altos de estrés, ansiedad, angustia y depresión, principalmente en docentes mayores de 45 años y mujeres, así como niveles medios de resiliencia. Las principales causas fueron la falta de experiencia con la tecnología, la dificultad para conciliar la dupla familia - trabajo, aumento de horas de trabajo y cambios en la metodología de enseñanza e inestabilidad económica y temor de perder el empleo. Se concluye que la salud mental de los docentes se vio seriamente afectada a causa del confinamiento y del cambio en la modalidad de trabajo.
subject: Articles
  topic: section
subject: Mental health, confinement, Covid 19, teachers, systematic review
  topic: keywords
creator: Cecilia Andrea Ordoñez-Hernández
creator: Liliana Parra
creator: Teresa Margarita Torres López
creator: Óscar Andrés López
creator: Rodolfo Mosquera Navarro
creator: Henry Bocanegra Acosta
rights: Copyright (c) 2024 Verba luris
date: 2025-02-13
publication date: 2025-02-13
doi: 10.18041/0121-3474/verbaiuris.52.12125

Gender-Based Violence as a Tacitly Authorized Policy. Analysis of the Order of Determination of Facts and Conduct in Macro Case 02 of the Special Jurisdiction for Peace
type: item
description: The article gathers the findings that the Chamber for the Recognition of Truth, Responsibility and Determination of Facts and Conduct of the Special Jurisdiction for Peace identified in terms of gender-based violence in Tumaco, Ricaurte and Barbacoas (Nariño), between 1990 and 2016, in Auto 03 of 2023, for facts attributed to the FARC-EP. In particular, the ways of understanding the policy of social and territorial control through plans that regulated gender rules are collected, which were expressed in various crimes, including gender-based persecution and sexual crimes, which were attributed to the highest commanders of the group. Based on these findings, the article points out how the Auto contributes to the debates on gender violence in transitional justice, especially in four aspects: the identification of gender violence as part of the group's policy, the construction of the pattern of macro-criminality as evidence of this implicitly authorized policy, the legal translation of discrimination based on the crime of persecution, and the attribution of responsibility to the top commanders under the figure of co-perpetration-by-means. The article concludes that these elements of the Auto should be considered a precedent in the matter for future decisions in other macro-cases, including the 11 referred to gender violence, Justice and Peace and the ordinary justice system.
subject: Articles
  topic: section
subject: Sexual violence, gender violence, Special Jurisdiction for Peace, prejudice-based violence, patterns of macro criminality, transitional justice.
  topic: keywords
creator: Liliana Chaparro Moreno
rights: Copyright (c) 2024 Verba luris
date: 2025-02-13
publication date: 2025-02-13
doi: 10.18041/0121-3474/verbaiuris.52.12124

Restrictive Competition Practices and Corporate Governance: Converging Paths
type: item
description: Restrictive practices of competition are considered as pathological conducts that alter the market, causing damages to the other agents that interact there. These may result from behaviors determined by individuals linked to the competing agents, contrary to good business practices, good faith in competition, general interest and public order. In this sense, the businessman must adopt measures that allow him to make reasonable decisions that eliminate the risk of incurring in reprehensible practices. Thus, the incorporation of Codes of Good Practices and Corporate Governance facilitate decision making under the assumptions of foreseeability, diligence and information; as evidenced in this research article, based on the study of cases that have taken place in Colombia, analyzing certain decisions adopted by the Superintendence of Industry and Commerce and its dialogue with the assumptions of Corporate Governance.
subject: Articles
  topic: section
subject: Restrictive practices of competition, corporate governance, code of best practices, due diligence, principle of transparency, efficiency
  topic: keywords
creator: Juan Carlos Martínez Salcedo
creator: John Alberto Tito Añamuro
rights: Copyright (c) 2024 Verba luris
date: 2025-02-13
publication date: 2025-02-13
doi: 10.18041/0121-3474/verbaiuris.52.12123

Intercultural Perspective of the Right to Life: Colombia, Bolivia, Mexico
type: item
description: The purpose of this article is to describe the conception of the right to life from an intercultural perspective, under the specific case of Colombia, Bolivia and Mexico. Based on this description, the legal and juridical concepts of the rights of indigenous groups are described. For this purpose, the category of the right to life is addressed, with special attention to the concept that may arise from the intercultural perspective, as well as the importance and recognition of the indigenous jurisdiction. The article is developed from the paradigm of qualitative research and the descriptive research method.
subject: Articles
  topic: section
subject: Right to life, interculturality, indigenous jurisdiction
  topic: keywords
creator: Omar Huertas Díaz
creator: Iván Manuel Sánchez Fontalvo
creator: Ericka Alexandra Jiménez Rodríguez
creator: Nayibe Paola Jiménez Rodríguez
rights: Copyright (c) 2024 Verba luris
date: 2025-02-13
publication date: 2025-02-13
doi: 10.18041/0121-3474/verbaiuris.52.12099

Systematic Violence Against Women as a Criterion for Determining that the Perpetrator Incurs in the Punishable Conduct of “Femicide” by Causing the Death of a Woman by Reason of Being a Woman
type: item
description: In this reflection article, we will talk about the criminal type of femicide in Colombia and how the systematic violence against women perpetrated by the active subject allows us to determine that the perpetrator incurred in the criminal type described in light of Colombian criminal law. Evidencing those particular circumstances that precede the death of a woman which appear in situations of gender violence in a systematic way, such as, for example, in economic violence, psychological violence, physical violence, sexual violence, family violence, patrimonial violence, violence in the school and workplace environment. For its approach, it begins by analyzing the historical antecedents of femicide, after which Colombian legislation is studied regarding the treatment of this crime, thirdly, the patriarchal antecedents and the context of the culture of disciplining women are identified and, finally, the continuum of violence in the punishable object of study is analyzed.
subject: Articles
  topic: section
subject: Femicide, violence, patriarchy, continuum, woman
  topic: keywords
creator: Ana Sofía Aguirre Paredes
rights: Copyright (c) 2024 Verba luris
date: 2025-02-13
publication date: 2025-02-13
doi: 10.18041/0121-3474/verbaiuris.52.12098

A Socio-Legal Perspective on the Criminalization of the Venezuelan Migratory Phenomenon in Colombia
type: item
description: The objective of this research article is to analyze the relationship between the massive migration of Venezuelans and the perception of increased criminality in Colombia's main cities. Although this migration is questioned by some Colombians as a component that has an impact on citizen insecurity, the analysis of the studies on migratory flows, crime and the operational activity of the criminal justice system presented in this article indicate that security situations have not been affected by Venezuelan migrants; on the contrary, they indicate that the Venezuelan population has been incorporated into the dynamics of the country, managing itself as the bulk of the population, which means that there is no difference between Colombian and Venezuelan citizens with reference to their insertion in criminal activities or as victims of these. Thus, it is not necessary to take control and prevention measures on the Venezuelan population to reduce crime rates in Colombia, but rather to establish a comprehensive citizen security policy that, in addition to reducing crime, produces a reduction in the participation of Venezuelan migrants in criminal activities.
subject: Articles
  topic: section
subject: Migration, perception of security, criminalization, uprooting, penalty.
  topic: keywords
creator: Wilson Rene García Bohórquez
creator: Dalia Carreño Dueñas
rights: Copyright (c) 2024 Verba luris
date: 2024-09-13
publication date: 2024-09-13
doi: 10.18041/0121-3474/verbaiuris.52.12097

Socioeconomic crisis in Villa del Rosario (Colombia) due toVenezuela’s unilateral border closure
type: item
description: This research article examines the socioeconomic crisis affecting the municipality of Villa del Rosario (Co- lombia) following the unilateral closure of the border by the Venezuelan government. To this end, a quantitative, exploratory, descriptive, and inferential study was conducted using stratified sampling and social surveys in the municipality’s most populated neighborhoods: La Esperanza, San Gregorio, Santander, La Parada, Antonio Nariño, and 20 de Julio. The findings show that the population faces precarious socioeconomic conditions, especially with regard to housing and access to essential public services. In the economic and labor spheres, high levels of informality, unemployment, and vulnerability are identified. Therefore, the analysis is framed within the theory of realism, which emphasizes the primacy of the security and stability of states in the management of international relations. The deep historical and cultural ties that unite border communities are also highlighted. Based on the results obtained, it is concluded that it is urgent for both the national government and Colombian territorial entities to recognize the specific characteristics and dynamics of border areas, assuming a genuine commitment to their comprehensive and sustainable development.
subject: Articles
  topic: section
subject: Border
  topic: keywords
subject: socioeconomics crisis
  topic: keywords
subject: border closure
  topic: keywords
subject: social vulnerability
  topic: keywords
subject: economic uncertainty
  topic: keywords
creator: Nora Marcela Jaimes Méndez
creator: Marisol Maestre Delgado
creator: Elizabeth Ramírez Llerena
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.12067

Nudges in Colombian administrative law: A view from behavioral Law
type: item
description: The theory of the Nudges arises from the vision of a Behavioral Economy generated from the thought of Richard Thales, for the social field it would have an influence from the world of Law, since this with its vision of social control should generate models of conduct, from the regulations and, more towards the vision of the field of Administrative Law as a regulatory discipline of the Public Administration. This focuses the matter towards the proposal of a model of prevention and Behavioral Law, from a preventive point of view in which the administrative discipline directs the administered not to breach the rules; under this conception, it is necessary that the present is focused under a qualitative vision that allows to generate a reflexive interpretation, precepting the subject as a fusion between both sciences.
subject: Articles
  topic: section
subject: Nudges
  topic: keywords
subject: administrative law
  topic: keywords
subject: spur
  topic: keywords
subject: behavioral law
  topic: keywords
subject: behavioral economics
  topic: keywords
creator: Juan Carlos Galvis Martinez
rights: Copyright (c) 2025 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-09-02
publication date: 2025-09-02
doi: 10.18041/0121-3474/verbaiuris.53.11960

The Professional Practice Law in Front of Virtual Reality - Lawyering in the Metaverse
type: item
description: Technological advances are taking increasingly giant steps, what humanity once saw as science fiction is today a reality, a parallel universe is being co-created by thousands of users who decide to establish their lives in the metaverse. Little by little, a virtual society is being founded that is interrelated in a social, economic, educational, work-related way, among others, being an alternative existence to the material world that aims to be increasingly real for the senses. Thus, this society will require basic organization to survive, not terms of conditions but legal regulations that put a limit on the crimes that can be committed there, making lawyers an undeniable necessity, which they will have to adapt with the help of legislators. and judges the vision of law so that nothing is left out of its orbit. Advocacy in the metaverse is more than a way of marketing, it is a reality and a necessity, so that people who decide to enter there and create a parallel world feel protected and safe in both realities and their rights are respected regardless. where and how they find themselves existing.
subject: Articles
  topic: section
subject: Advocacy, Technology, metaverse, Virtual reality, Immersion
  topic: keywords
creator: Ana María Galindo Lara
rights: Copyright (c) 2024 Verba luris
date: 2024-03-11
publication date: 2024-03-11
doi: 10.18041/0121-3474/verbaiuris.51.11514

APPLICATION OF THE PRINCIPLE OF PROGRESSIVITY AND NON-REGRESSIVITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS COMPARED TO OTHER PRINCIPLES (PRINCIPLES MATRIX)
type: item
description: The application by Colombian constitutional jurisprudence of the principle of progressivity and non-regressivity of economic, social and cultural rights makes it possible to show how its meaning and scope has been integrated with other principles regarding the imposition of obligations on the State, the interpretation of constitutional contents and the effectiveness of constitutional rights. This document includes, from the Principles Matrix, the application of the aforementioned principle in the categories: Principle of the Social State of Law, criterion of fiscal sustainability, principles of accessibility and quality, principle of continuity, principle of equality, principle of favorability and principle of legal certainty.
subject: Articles
  topic: section
subject: Principles, principle of progressivity, judicial review and social rights
  topic: keywords
creator: Néstor Javier Calvo Chaves
rights: Copyright (c) 2024 Verba luris
date: 2024-03-05
publication date: 2024-03-05
doi: 10.18041/0121-3474/verbaiuris.51.11504

THE CONTRACTUAL PROTECTION OF THE FINANCIAL CONSUMER, THEORETICAL ASPECTS AND CURRENT JURISPRUDENTIAL
type: item
description: Consumer relations in the financial field have particularities due to the marked asymmetry between the parties and the accentuated weakness of financial consumers. This has justified a broad regulatory intervention framework aimed at protecting financial consumers, which is increasing; In addition, the judges have deployed their decision-making power to seek balance and justice in this type of contract. This article scope to analyze the current regulations regarding information obligations in financial matters, as well as the control of the content and effectiveness of consumer contracts from a theoretical and jurisprudential perspective.
subject: Articles
  topic: section
subject: protection, financial consumer, information, contracts, balance.
  topic: keywords
creator: Juan Carlos Villalba Cuéllar
creator: Andrea Carolina Pérez Forero
rights: Copyright (c) 2024 Verba luris https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2024-06-29
publication date: 2024-06-29
doi: 10.18041/0121-3474/verbaiuris.51.11502

SUBJECTS OF RIGHTS IN COLOMBIA BASED ON JUDICIAL PRONUNCIATIONS. AMAZONAS AND ATRATO RIVER CASE: A LOOK FROM THE NECESSITY OF THE CONSTITUTIONAL Vindication of NATURE
type: item
description: This article reviews the scope of recent judicial pronouncements granting rights to strategic ecosystems in Colombia, particularly the well-known cases of Río Atrato (2016) and Amazonas (2018), in light of the Political Constitution of Colombia, whose doctrinal conception is based on international developments such as the Stockholm Declaration, which subsequently gives rise to the ecological constitution and emerges with the human right to a healthy environment, not to the rights of nature or other rights instituted independently of human beings. For this reason, the judicial path to granting rights to nature becomes problematic for several reasons that will be addressed in this project, including: the highlighting of an ingrained juridical tradition that is predominantly anthropocentric, the lack of a formal constitutional foundation to support emerging rights-holders, the ineffectiveness of environmental law, among others, in protecting both strategic and non-strategic ecosystems in Colombia. This scenario presents us with the legal need to reconsider a constitutional doctrine capable of deconstructing the discourse of human rights, in order to give way to new juridical forms that are consistent with the intrinsic value of entities external to human beings (rights of nature), which would survive beyond humanity, or at least equalize their protection to the level of human rights.
subject: Articles
  topic: section
subject: Subject of rights, intrinsic value, environment, human rights, constitutionalization.
  topic: keywords
creator: Engie Camila Ramírez Zuluaga
rights: Copyright (c) 2024 Verba luris
date: 2024-03-05
publication date: 2024-03-05
doi: 10.18041/0121-3474/verbaiuris.51.11501

The replanting rate of coca crops: a methodological proposal for its calculation based on official data from the Ministry of Justice
type: item
description: the current paper it’s a methodological proposal for calculating the reseed of coca crops in Colombia. This is based on the data offered by the Colombian Drug Observatory of the Ministry of Justice. This variable is decisive for understanding the phenomenon of illicit crops’ behavior in the seed-eradication-reseeding cycle. Undoubtedly these variable affects substantially the Colombian’s hydrochloride of cocaine production potential. This proposal is based on a material logic exercise that allows four possible scenarios to be established according to the planting, eradication, and reseeding variables in relation to the initial coca inventories for each year.
subject: Articles
  topic: section
subject: Colombia, plants of coca, cocaine industry, illicit drugs production, interdisciplinary studies.
  topic: keywords
creator: Santiago Garre Pelegrina
creator: Isaac de León Beltrán
creator: Boris Yesid Ramírez
rights: Copyright (c) 2024 Verba luris
date: 2024-06-29
publication date: 2024-06-29
doi: 10.18041/0121-3474/verbaiuris.51.11498

Didactic sequence for critical thinking to strengthen the formation of ethics in law students of the Universidad Cooperativa de Colombia
type: item
description: This research aims to contribute to the analysis of training in professional ethics in students in the last semesters of the undergraduate Law degree linked to university educational processes; after evidencing the profound degree of unconsciousness in decision-making in the face of everyday situations that arise at a professional level. There you will find theoretical tools that will mainly allow you to collect data to analyze and develop situations that arise in the field of the professional, this in order to link critical thinking to the ethical training of law students at the Cooperative University. de Colombia, Bogotá campus, for which didactic strategies will be presented that allow the appropriation of professional ethics, reaching a greater degree of awareness based on knowledge or self-knowledge of personal actions.
subject: Articles
  topic: section
subject: critical thinking, deontology, Law, professional ethics, teaching strategies.
  topic: keywords
creator: Jhon Felipe Yate Vega
rights: Copyright (c) 2024 Verba luris
date: 2024-03-05
publication date: 2024-03-05
doi: 10.18041/0121-3474/verbaiuris.51.11497

INEQUALITY OF RIGHTS BETWEEN THE WORKING FATHER HEAD OF THE HOUSEHOLD ABOUT THE WORKING MOTHER HEAD OF THE HOUSEHOLD IN CONNECTION WITH THE RIGHTS OF THE MINOR
type: item
description: In relation to the rights of the worker in the civil framework, they can be in a situation of mother and father head of the family, in Fundamental Rights there are inequalities in the Colombian legislation against the minor, because it has been focused on a limited sector with respect to gender, privileging the female mother head of the family who enjoys special protection. The State has regulated these guarantees aimed at protecting the rights related to minors from newborns. In Colombia, for the working father who is the head of the family, the Political Constitution and the legal system that follows from it, such as jurisprudence, do not establish equitable protection.
subject: Articles
  topic: section
subject: Rights, Minor, Guarantee, Constitution, Father.
  topic: keywords
creator: Sandra Lucia Palomo
rights: Copyright (c) 2024 Verba luris
date: 2024-03-05
publication date: 2024-03-05
doi: 10.18041/0121-3474/verbaiuris.51.11496

Violation of constitutional principles due to the non-application of jurisprudential precedent: a look from the application over time of the theory of precedent
type: item
description: Judge made law, a legal system that appears as a response to the social need to offer solutions to the different problems. Such a need was materialized in case law (English system) or judicial review (US system), which was assumed in Colombia under the particularities of its own system. Although it is true that it is considered a success to have assumed the system of precedents in the local legal system, which depending on the time effects and the type of decision to be adopted, generate the violation of constitutional principles like a legality, legal certainty, equality and rights legitimate. A proposal is to prospectively apply of jurisprudential precedent, in such a way that the constitutional mandates are optimized in the decisions. The objective is to identify the constitutional values ​​and principles that can be transgressed by the anti-technical application, or non-application of the reports and generate a proposal to overcome such difficulties. In the development of the work, primary and secondary bibliographic sources are used, and the jurisprudence that may contain elements of interest for these lines. Finally, it is possible to identify that the Jurisprudence as the end of the rigths seeks the fair solution of social conflicts, for this reason the anti-technical application of a reports entails a risk of the legal security of the administered, since a specific case could be decided with different rules and unfavorable to the administered, from when the claim was filed.
subject: Articles
  topic: section
subject: Judicial review, reports, jurisprudential precedent, rights certainty; Antiformalism, jurisprudence.
  topic: keywords
creator: Jhon Marlio Gutiérrez Castañeda
rights: Copyright (c) 2024 Verba luris
date: 2024-03-05
publication date: 2024-03-05
doi: 10.18041/0121-3474/verbaiuris.51.11495

Proposal for an instrument to determine human talent management trends in SMEs in Bogotá and Cundinamarca.
type: item
description: The document refers to the results of research aimed at analyzing human talent management trends in SMEs in Bogotá and Cundinamarca, in which it is evident that it is a common aspect in large companies in industrialized countries, emerging economies and in smaller scale to developing countries. It should be noted that most of the productive sector of these countries is based on small and medium-sized enterprises (SMEs), which is why its importance is significant and deserves to carry out this type of study, for this reason the study was carried out to establish differences. between the formal practices of human talent management of SMEs in the Bogotá-Cundinamarca region against a standard model according to current trends, and thus identify trends in the management of human talent of these companies.
subject: Articles
  topic: section
subject: Human talent management, human talent management model, SMEs.
  topic: keywords
creator: Yenny Marilyn Muñoz Rodríguez
creator: Javier Muñoz Orozco
creator: José Zacarías Mayorga Sánchez
rights: Copyright (c) 2024 Verba luris
date: 2024-03-05
publication date: 2024-03-05
doi: 10.18041/0121-3474/verbaiuris.51.11494

The graduate academic: a silent revolutionary in a nation in progress 1867-1946: the Colombian case
type: item
description: This article addresses, from a historiographical perspective, the worldview that the literate and ruling society of Colombia granted to the graduates of a higher education institution between 1867, the year of the founding of the National University of Colombia, and 1948, the year of the publication of an emblematic study of education in Latin America written by Agustin Nieto Caballero. This view was focused on the granting of the extraordinary structural mission of shaping the ethical and social ties of the Nation with the purpose of fostering political unity and economic development. This article was written considering the analysis of different primary sources articulated with the structural economic and political conditions that determined the development of the Nation.
subject: Articles
  topic: section
subject: graduate, modernization, social elite, literate society, political unity.
  topic: keywords
creator: Rodrigo Torrejano Vargas
creator: Henry Bocanegra
rights: Copyright (c) 2024 Verba luris
date: 2024-03-05
publication date: 2024-03-05
doi: 10.18041/0121-3474/verbaiuris.51.11492