Revista de Derecho

Political power and strategic defection: judicialization of the political class by the Supreme Court of Justice in Colombia (2008-2018)

2023-09-13T02:43:53+00:00

The article identifies the distinctive features that express the strategic defection carried out by the CSJ against the government of former President Uribe based on the criminal prosecution of taxpayers. To this end, the legal and institutional framework that enabled the strategic action of the Court and its tensions was reconstructed. While from the statistical and jurisprudential analysis it was possible to specify the effects on the political system of this intervention: On the one hand, a significant and progressive reconfiguration of the pro-government forces in the Congress of the Republic in the constitutional periods of government, a greater reproach of legitimacy to the government from the citizenry and, in the judicial field, the positioning of the Court as an independent power that exercised its supremacy over the lower levels in the face of the evasive strategy of renouncing jurisdiction by the defendants.

Ley 1801 de 2016 y retos del control urbanístico: el caso del municipio de Girardota (2016-2021)

2024-01-31T15:27:25+00:00

The article analyzes the effectiveness of Law 1801 of 2016 in the development of urban control
competences of the Municipality of Girardota during the 2016-2021 period. Through a
documentary analysis and the review of normative and procedural provisions, the situational
state of the implementation of administrative procedures and corrective measures that materialize
urban control competences is identified. Normative difficulties, legal and operational
problems from the local administrative function, and challenges for municipal administrations
in the exercise of this competence are distinguished. It is concluded that the municipal and
police administrative authorities present legal and operational problems regarding the implementation
and effectiveness of urban control competences.

Implications of ‘Must Carry’ Obligations for Copyright Law

2023-09-13T04:41:50+00:00

The “Must Carry” rule by which cable operators are obliged to allow access to open national and regional TV channels without additional charge for their subscribers, implies that audiovisual copyrighted contents may be retransmitted through the given signals. Colombian laws have established this rule since 1985. The possible implications of this rule regarding copyright for audiovisual works will be studied here. Colombian retrospective evolution of this rule and the Andean and Colombian copyright law will be revised in what is related to the “Must Carry” rule. Then, some other jurisdictions' approaches to the problem will be examined. From this, it will be established that the retransmission comprehends an act of communication to the public which, in spite of any legal mandate to retransmit from national TV public policies, falls under the right holder’s control. In addition, it will be proposed that two concepts developed in the Andean jurisprudence might fall under the acte clair doctrine recently adopted by the Tribunal of Justice of the Andean Community. One is the definition of retransmission within the communication to the public framework. The second consists in differentiating the authorizations that broadcasting organizations are required to provide for the retransmission of their signals, and the authorization required for the retransmission of the copyrighted content traveling through such given signals.

Human right to water: Narrative and institutional consumption of bottled water in six Mexican cities (2012-2018)

2023-11-26T15:50:50+00:00

This article aims to analyze access to drinking water as a human right in Mexico. A study is prepared that documents the institutional narrative and the economic expenditure made by entities of the hydraulic sector to acquire bottled water in six Mexican cities. The methodology used consists of two parts: first, a documentary, bibliographic and hemerographic review; and, second, the systematization of data obtained from the organisms analyzed. The results show that the selected dependencies allocate public resources to acquire bottled water for consumption inside their offices. It is concluded that for the purposes of the proposed hypothesis, the human right to water is a prerogative that is difficult to achieve in the cities, even in the operational sphere of the authorities that should guarantee it.

Neoliberalism and Latin American Protestant Manifestations

2023-08-21T21:12:46+00:00

This article aims to find the tension and complementarity relations between neoliberalism and the most relevant Protestant Christian manifestations in Latin America. It begins with a clarification of the implications and meanings that the term neoliberalism has today. Next, it describes the Latin American protestant manifestations. For the specific case of this article, two of its manifestations are questioned in detail, Pentecostalism, and neo-Pentecostalism, inquiring about their distinctive features and the values ??or moral principles they defend. Then, neo-Pentecostalism is exposed as a religious form influenced by the neoliberal, and it ends by describing the philosophical-conceptual elements of neoliberalism that can be considered close to Protestantism, Pentecostalism, and neo-Pentecostalism in such a way that the renewed force of the latter can be explained concerning the global dominance of the former.

The Implementation of SAAL: an Analysis from Authorship and Participation Perspectives

2023-10-23T04:46:11+00:00

The Lethal Autonomous Weapons Systems (LAWS) are military systems that are designed to operate autonomously, without direct human intervention and with the ability to select and attack targets on the battlefield. The development and use of LAWS raises important legal debates, especially regarding criminal liability for damage caused. For this reason, it is necessary to determine the legal-criminal consequences of the use of LAWS in the process of selecting military objectives when developing a military operation. Through a descriptive methodology, it can be stated LAWS can perfectly commit an indiscriminate attack that would go against International Human Law which can be converted as a war crime.

Armed Governance and Armed Conflicts: Dynamics, Power, and Citizen Security in Colombia

2023-09-27T12:36:36+00:00

The present study aims to analyze and interpret the role of armed governance and armed conflicts in Colombia, with special attention to existing theories, the dynamics of power involved, and their impact on citizen security, in order to provide a deeper understanding of these phenomena and their implications. It addresses the question: "How do the dynamics of armed governance and armed conflicts interact with citizen security in Colombia, and what is the role of non-state actors in these interactions?" Through a qualitative approach, it is discovered that these conflicts, driven by deep inequalities and territorial struggles, reshape the landscape of power and security. Non-state actors emerge as challengers to the traditional state monopoly of power. This work serves as a starting point for future research and debates on achieving lasting peace. The aforementioned is mediated by a qualitative methodology.

Legal Pedagogy and Methods of Teaching Human Rights and International Humanitarian Law through Case Studies

2023-09-11T14:32:19+00:00

The advantages and disadvantages of teaching and learning law is permeated by various internal
and external components of both the student and the teacher. Regarding the transmission and creation of legal knowledge, the line that determines what is “the best way to teach or
learn law” has not been settled, much less, if it is about defining the appropriate method to teach human rights and international humanitarian law, since, the latter field is not only about transmitting theoretical-legal contents to students, but also about cultivating their sensitivity and humanization, because it is useless to understand concepts such as human dignity if their emotional and affective sphere is unknown. This component can be approached via case studies
as a sensitizing tool.

The Legitimación de la protesta en Chile y Colombia: entre la represión política y la validez de la movilización

2023-10-30T21:08:55+00:00

The mobilization in Latin America during the last five years has created a new scenario in the region, regarding the lack of recognition of governments such as Chile, and Colombia, in terms of human rights and political participation. The significant social and political actors of mobilizations have been social movements, rural workers, the indigenous population, and civil society, rejecting the political decisions of leaders, resulting in the stigmatization of the protest and the systematic violation of human rights. This analytical paper addresses how institutional repression (with the permission of the media) distorts the social movement´s agenda into a violent repertoire, without considering the context. The critical analysis of case studies will have into account a qualitative analysis of variables repression - mobilization, a theoretical approach of social movements, protest studies, legislation on protest in case studies, Transnational dissemination of protest, and transnational networks, during the 2015-2021 period.

Keywords: Legitimation, protest, repression, mobilization, human rights, Latin America, social movements

Masculinities, Family Reconfiguration, Hegemony, and Patriarchy in the Context of Post-pandemic in Bogotá and Mexico City

2023-10-30T21:35:59+00:00

The purpose of this article is to continue with a work that has been in process for more than five years and that is a continuation of a line of work on masculinities in Bogotá, D.C., and Mexico City. In this one, an approach is made to dissertations regarding the changes in the family, or rather the new reconfigurations that have occurred throughout the decades, and for this particular case, it is focused on the scenario of the pandemic and the post-pandemic, the above, crossed by the discourses of hegemony and patriarchy that continue to be relevant. The general objective of the research is to determine the reconfiguration of the family, gender violence, hegemony and patriarchy in the post-pandemic context in Bogota and Mexico City. The methodology used for the execution of this research is documentary, through the review of bibliographical sources collected from different media and subsequently classified, reviewed and commented in order to find the necessary information for this text.

The results obtained evidence how in fact, the traditional families have been deconstructing and what the confinement did was to denote the fractures that this has always had and that during many years the conventional speeches have wanted to ban so that the individuals do not problematize about an institution that clearly has been modified due to the social practices, in this case the pandemic, that managed to make determinant changes and, that are still in evidence at the present time.

The Impact of Artificial Intelligence on Legal Systems

2024-11-02T16:10:50+00:00

Editorial

Preliminares

2024-11-02T19:21:47+00:00

Preliminares

Número 62

2024-11-02T19:18:49+00:00

Número