Opinión Jurídica Vol. 19, núm. 39 (2020)
Envíos recientes
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Ethnic-Racial Identity and Intersectionality: an Anti-Discrimination Right under a Decolonizing Perspective
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)This article has as its main objective to help in the understanding of the ethnic-racial identity concerning the discrimination contexts (multiple, intersectional and institutional) based on race and its implication for ... -
Action of Unconstitutionality by Relative Legislative Omission: a Constitutional Procedural Instrument for the Effective Judicial Protection of the Fundamental Rights
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)Through the constitutional jurisprudential analysis method it can be said that based on the C-108 Sentence of 1994, there is a constitutional precedent that recognizes in a reiterated way the competence of the Colombian ... -
The Method in Comparative Constitutional Law: Critical Contributions for a Comparative Constitutional Methodology
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)More than a century ago, the appeal to comparative law arose in different spheres of the judicial thought in several Western countries. Nonetheless, in the constitutional law is an activity more characteristic of the late ... -
The Best interest of the Child: A Review of its origin, Evolution, and Current Interpretative Tendencies in Chile
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)This article contains a description and a review of the documentary character of the international normative origin of the best interest of the child principle and its legislative reception in the Chilean legal system. ... -
Graffiti and Delinquent Subculture: Similarities and Differences
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)The practice of graffiti is the object of the most varied considerations, which discuss its artistic value, its potential as a means of communication and expression of groups of marginalized individuals and, especially, ... -
The Internet of Things in the Colombian Consumer Statute: A Study from the New European Directives in the Digital Single Market
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)This article aims towards describing the concept of goods and services in the Consumer Rights Directive of the European Union (EU) and the Colombian Consumer Statute for later analyzing in each one of these legal systems ... -
Almonacid Arellano, Palamara and Norín Catrimán. Three Moments of the Conventional Dialogue's Arduous Road to Legitimacy
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)This article examines the state of the conventional dialogue in Chile, taking three sentences of the Inter-American Court of Human Rights as a reference by considering also three very sensitive problems of our transitions ... -
Women's Rights in the Intersection Between International Law and the IACHR Jurisprudence - Inter-American Court of Human Rights
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)This article presents an analysis regarding the international protection given to women in matters of the inequality from a capacity and protection of women's right perspective in the jurisprudence of the Inter-American ... -
How Will the Post-Pandemic Society Be?
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)The year 2020 will pass to history because a big part of the world population was confined. It will become the pandemic year, the year of the virus originated in China that rapidly propagated through most countries. In ... -
Restrictions to the Military Forces due to Government Change and its Public and Govern Policies in the 2010-2022 Period in Colombia
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)Colombian military forces play a very important role framed within the defense of the national security and State's interests; it has also acquired an important role within society by developing labors and functions that, ... -
Coordination Between the JEP and the JEI: The Role of the Indigenous Authorities in the Applied justice of the Post-Agreement
(Universidad de MedellínFacultad de DerechoMedellín, 2020-09-23)This article has as its main objective determining how the Special Indigenous Jurisdiction (JEI in Spanish) and Special Jurisdiction for Peace (JEP in Spanish) are coordinated, as well as the role performed by indigenous ... -
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 ...
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