Opinión Jurídica: Envíos recientes
Mostrando ítems 201-220 de 618
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From War to Hope: Coping Strategies of the Members of the Autodefensas Unidas de Colombia that Reintegrated to Society
This paper is a product of the exploratory study “Personal strategies in men and women, excombatants of the Autodefensas Unidas de Colombia and the resignification of their life project”,carried out in the city of ... -
International Contributions of Transitional Justice Experiences for Colombia
This paper addresses transitional justice experiences in South America, Central America, Europe, Africa and Asia to identify applicable contributions to transitional justice in Colombia. With an exploratory, ... -
Transitional Justice and the Limits of What is (possibly) Punishable. Reflections on the Legitimacy of the Peace Process in Colombia
This study proposes that the Colombian peace process has ratified that transitional justice finds limits in human rights related to three aspects: a) amnesty or pardon measures for serious violations of human rights are ... -
Conventionality Standards for Children in Conflict Zones: Colombian Case study
The main objective of this paper is to identify the multilevel perspective of human rights protection for children in armed conflicts. For that, the pro persona or pro homine principle may be applied. It consists ... -
Feasibility, Implementation and Thematic Follow-up in Colombia of the Special Justice for Peace in the Face of the Transitional Justice Structure
This paper reviews the feasibility, implementation and thematic follow-up of the special justice for peace in opposition to transitional justice in Colombia. The disparity between both ways of conceiving the ... -
Special Jurisdiction for Peace vs. Ordinary Jurisdiction: Competence Issues
The purpose of this paper is to demonstrate the contradictions, gaps and ambiguities that converge in the justice system subject of the Peace Agreementsigned between the Colombian government and the FARC-EP. An ... -
Systemic Analysis of the Community and the Individual during the Paramilitaries’ Reintegration Process in Colombia (2003-2006)
Reintegration processes are as much a matter for the people who are going through them as for the society that is living such a conjuncture. After the analysis of the Ruta de Integración (Reintegration Route) ... -
Women Participation in Development with a Territorial Approach Programs: A Gender Perspective Study
This paper aims to analyze women’s participation in the Development with Territorial Approach Programs (PDET) from a gender perspective. The PDET were issued in Decree 893 of 2017 and originate in the first point ... -
Rationality and discernment: a philosophical-legal debate on the alteration of criteria for the definition of civil capacity
Based on the analysis of the different philosophical currents, this text discusses the concept of autonomy in the case of complex legal conflicts, as in the definition of civil capacity, due to the recent entry ... -
Justice and the fundamental right to the environment
The objective of the text is to analyze environmental justice and the fundamental right to the environment as a way of guaranteeing and realizing the existential minimum in the light of John Rawls’ conception of ... -
Reflections on the thematic relevance of the evaluation of public policies
The paper analyses the issue of public policy evaluation based on the authors who have worked in this trans - disciplinary field in the social sciences. Therefore, it seeks to account for the evaluation of public ... -
Divergence between disability and invalidity: legal analysis in two dissimilar categories
Disability is a concept that over the years has evolved and transcended the different social and political models of history, acquiring a human and protective tint that conceives it from the perspective of human ... -
Excessive public indebtedness as a factor of ineffectiveness of the human right to good governance
The human being has always aspired to have better living conditions, so that, through the various forms of political organization that have been created for this purpose, it is considered that good governance is ... -
Cinema and criminology: gender and race. Inter-sectional narratives in “The Color Purple”
Crime is a cultural product that suggests different views on forms of control, punishment and justice. Cinema crime” plays an important role for criminological knowledge, as it constitutes a form of popular ... -
The anti-competitive practices of the internet giants corporations in the brazilian context
The networked society promotes the use of information and communication technologies, especially the Internet. Large companies acting in this way establish themselves as real “giants” and determine new power ... -
War crimes and organized crime groups: problems from the congruence principle and the competence for their judgment
Although there are disparate theoretical positions on the nature of the organized crime groups currently operating in Colombia, the hermeneutical rules of the Constitutional Court’s jurisprudence establish that it is ... -
Eugenics in the theory of justice: the tension between individual freedom and the abortion of foetuses with microcephaly
One of the greatest recent concerns of pregnant women has been the expectation of knowing if their child has been affected by the microcephaly outbreak in Brazil and much of Latin America since late 2015. Unlike ... -
Subjective scope of application of judicial precedents: a study in the constitutional jurisdiction in Colombia
The purpose of this paper is to explain the subjective scope of application of the precedent rule. An analysis of the normative structure of the precedent rule indicates that one of its main functions is to define ... -
Drug Trafficking and Youth Mortality in Brazil: An Expression of Human Rights’ Violations
This paper aims to analyze the intersectional problematic that surrounds the violations of adolescents’ human rights that happen in Brazil nowadays. It focuses, more specifically, on the involvement of these ... -
Does the un-imputability have any bearing on the attribution of malice? Possible repercussions on security measures
The purpose of this paper is to analyze whether, in cases where the accused has a mental disorder that prevents them from knowing the nature of their conduct, such condition should be considered exclusively in the seat of ...