Opinión Jurídica Vol. 17, núm. 34 (2018)
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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 ... -
Editorial
The last years of the second decade of the 21st century show a humanity in crisis. To unsolved problems such as war, poverty, and climate change, others that seemed to be solved or, at least, on which there were important ...
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