Opinión Jurídica Vol. 18, núm. 36 (2019)
Envíos recientes
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The precedent of the Council of State in the sources of administrative law
This article deals with reflecting on the role of the judicial precedent of the Council of State in relation to the system of sources of Colombian administrative law. Therefore, its main purpose is to provide elements of ... -
Legal Pluralism as a Theory for the Challenges on Environmental Health
This paper intends to justify the theory of legal pluralism for studying environmental health issues. The positive law approach has made some headway, although some areas of environmental health seem to be incipient. Hard ... -
Principle of the best interests of the child: Difficulties surrounding its application in Chilean legislation
This paper takes a look at the principle of the best interest of children and adolescents in Chilean legislation, and the difficulties and peculiarities that it presents when the courts apply it in the resolution of conflicts ... -
“The Pistol Plan” As a Crime Against Humanity Against Members of the National Army
In Colombia, during the most prolonged armed conflict in the Western Hemisphere, members of the Colombian National Army were executed through insulting practices (“executions”in insurgent terms) by groups outside the law, ... -
The Collective Moral Damage in Consumer Relationships: Characterization, Comparison Between the Brazilian and Colombian Systems and the Vision of the Superior Court of Justice in Brazil
This article proposes to discuss the collective moral damage in consumer relations, focusing on the current concept of moral damage; the open character of the category of personal rights, which also cover the diffuse and ... -
Contractual Responsibility According to Article 1945 of the Chilean Civil Code (2003 Colombian Civil Code)
In this paper, Art. 1945 of the Chilean Civil Code (2003 of the Colombian Civil Code) is dogmatically analyzed to determine the function fulfilled by the notion of negligence in that provision, and the scope of the ... -
In what sense is the notion of non-compliance with soft law objectively into the contractual law?
This research aims to analyze the non-compliance in the soft law, in the light of the new objectives postulates about the guilt (or what has been called as objective criteria of accountability). Conclusions put into question ... -
Subsidiarity as a principle of state organization and its reflexes in local spheres analysis of Brazil and Germany
The principle of subsidiarity is accepted in law in its sociopolitical and state organization forms, being considered a highlight in Germany and compatible in Brazil due to its relevance to local autonomy and cooperative ... -
The “Non-exhaustion of domestic remedies” preliminary objection and its relationship with the merits of the case
This paper presents a study on the merits and preliminary objection judgements of the Inter-American Court of Human Rights between 2010 and 2016, in which the “Non-exhaustion of domestic remedies” preliminary objection ... -
At the limit of the psychic and the law: transgenerationality in family loss of custody cases
The process for removal of the Family Power withdraw legal authority from careless parents involves children and adolescents in situations of risk, of abandonment, and of domestic violence, as it fails to comply with the ... -
Coherence and Political Responsibility of the Decision in Dworkin
The need to formulate a Decision Theory arises for Postpositivism as a condition of its existence. The normative indeterminacy, whereas legal positivism was a synonymous of freedom in decision-making act, means to the new ... -
The Control of Conventionality and the Prohibition of Discrimination in Chile
This paper addresses discrimination case law in order to determine whether the Chilean Supreme Court carries out a conventionality control on that matter. It is suggested that the prohibition of discrimination has been a ...
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