Artículos: Recent submissions
Now showing items 1181-1200 of 4223
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Damages in Marriage: The Possibility of Extending the Legal Responsibility to the Unfulfillment of the Marriage Duties in the Chilean Law
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)The reception of legal responsibility in family law has become a tendency that has found room in the Chilean legal framework. Thus, an analysis has been performed to the thesis tendencies that reject the possibility of ... -
Pathologization and Invisibilization of Gender Identity in Spain: What Should we Learn from the Argentinean legislation?
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)The main objective of this work is making evident that the Spanish legislation does not regulate, forgets and even harms many of the rights of Trans people. For that, this research performed a study of the resolutions, ... -
Collusion, Contrariness in its Typing in Relation with the Standard of Proof and the Purpose of the Right to Competition
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)This article aims to demonstrate that, after looking for an alternative to the apparently feeble sanction that the Competition Court (Tribunal de Defensa de la Libre Competencia or TDLC in Spanish) imposes to those responsible ... -
Enforcement and Limits of Diplomatic Immunity in the Light of the "Ius Cogens" Norms
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)Diplomatic immunity, on its different modalities, procures the efficient development of the activities and objectives of a diplomatic corps. It integrates, thus, a wide variety of prerogatives and exemptions due to sovereignty ... -
Challenges of the Post-Conflict Regarding the Humanitarian Response: Between the Persistence of the Humanitarian Consequences and the Limitations to the Mandate of Humanitarian Actors
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)The peace agreements between the Colombian government and the Colombian Revolutionary Armed Forces- People's Army (FARC-EP) was signed in 2016. Despite it being a historical milestone and constituting an important step in ... -
Criminalistic Computer Science: a Developing Specialty
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)The advancements obtained thanks to new technologies of information and communications have changed the methodologies for applying the traditional specialtiesthat conform to the criminalistic technique, alongside the fact ... -
Coloniality and Feminicide: Overcoming "Ego Conquiro" As a Challenge for Law
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)The present study aimed to identify the extent to which coloniality, concerning ethics/non-ethics of war, contributes to the failure to reduce feminicide in the country. The profile of the predominant type of femicide in ... -
[RETRACTED] Thoughts and Observations of Punishment in Contemporary Criminal Law
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)[RETRACTED PAPER -PLAGIARISM THROUGH TRANSLATION-] The Editorial team of the journal respectfully informs to the readers, authors, academics, researchers and the public that consult Opinión Jurídica that the article Thoughts ... -
Security and Justice: the Non-Criminal Prosecution Agreement and its Compatibility with the Prosecuting System
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)Public safety and security directly involve both legal certainty and the security of democratic institutions. Since the acknowledgement by the Brazilian Federal Supreme Court of the constitutionality of criminal investigations ... -
Administrative Procedural Law and the Postal Monopoly
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)This article analyzes one of the problems of the Chilean law on administrative procedures which is the eventual monopolistic competition for notifying the Administrative acts of the State trough certified letters sent via ... -
Human Rights for the Development of a Truly Globalized Society
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)The world -as we know it- is the result of a profound transformation provoked by the globalization phenomenon. Nonetheless, what was initially a strategy for widening the world markets ended up being a much wider integrating ... -
The Ethnically Differentiated Approach and the Duty of the Prior Consultation in the Peace Agreement
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)This article reflects around the ethnically differentiated approach contained within the peace agreement between the Colombian State and the former guerrilla group FARC. We aim to identify the judicial effects of this ... -
Environmental Licensing as a Public Policy and the Power of Companies
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)This study aims to present environmental licensing as a public state policy and an instrument capable of technically evaluating business activity in the face of the discourse of economic growth. In this context, after the ... -
What are the Demands of the Latin-American people? To Become Something
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)At the moment of writing this editorial, Latin America is convulsed. Social movements have started their mobilization in Peru, Ecuador, Chile and Colombia for expressing their unconformity with right-wing and left-wing ... -
Barriers for the Access to Work Accidents Compensations in the Colombian Work-Related Risks General System for an Informal Worker
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)Informal workers that might have a work accident and require access to the benefits offered by the system must overcome the barriers identified during two moments. The first one is determined by the process of voluntary ... -
Consequences of the Legal Sex Change in the Colombian Health System
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)This article analyzes the consequences for the Colombian health system of the change of the sex variable in the ID of a transgender citizen who might legally identify with a sex while conserving its biology with another. ... -
Language and Law. A Theological-Political Approach Based on Walter Benjamin
(Universidad de MedellínFacultad de DerechoMedellín, 2020-05-08)The article displays a theological-political approach to the relation between language and law based on Walter Benjamin as a result of the research titled Los cuerpos de la excepción (Exception's bodies). Here we state ... -
"Antonio Gramsci y la violencia de los subalternos: guerra, política y ""arditismo popular""
(Universidad de MedellínFacultad de DerechoMedellín, 2019-10-30)The objective of this text is to map out and articulate the main historiographical passages and theoretical reflections in which Antonio Gramsci addresses political violence, especially in his Prison Notebooks (1929-1935), ... -
La planeación en los contratos de obra pública en Colombia ¿principio, deber o requisito? Obligatoriedad y consecuencias de su inaplicación
(Universidad de MedellínFacultad de DerechoMedellín, 2019-10-30)This research inquires on the planning principle on state contracts for public works. Different laws such as the 80th from 1993 and 1150th of 2007 rule about this principle from which management doctrine and legal rules ... -
Editorial
(Universidad de MedellínFacultad de DerechoMedellín, 2019-10-30)It is an honor presenting to the Latin-American scientific and academic community the 37th issue of Opinión Jurídica. A number with researches on human rights and vulnerable populations such as: "Governance of water and ...