Listar Opinión Jurídica Vol. 20, núm. 42 (2021) por título
Mostrando ítems 1-20 de 22
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2020 and the Brazilian Crisis as a Crisis of our America: Towards a Defense of the Welfare State in Latin America and the Caribbean Beyond the National State
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)This article's goal is to discuss the current Brazilian crisis as a Latin American and the Caribbean crisis. Thus, this article methodologically translates the debate of the predominant bibliography upon democratic crisis ... -
Burden of Proof and Probationary Initiative in Popular Claims and its Constitutional Determination
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The objective of the article is to reflect upon the dynamic burden of proof and the probationary initiative of the judge in the framework of the popular action as a figure through which, eventually, the protection of the ... -
La corrupción a gran escala no tipificada en el ordenamiento colombiano
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The objective of this article is to describe corruption as a social phenomenon that arises between the relations of the State as regulator and individuals as recipients, from the interweaving of different actions, particularly ... -
Criminal Cassation: from Nomophylax to Control of Constitutional Legitimacy of Sentences
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The present work addresses the precedents of the penal cassation, it's teleological components and the constitutional reform of 1991 in Colombia, in order to propose from a constitutional approach from a skill of contesting, ... -
The Feigned Business: Sale and Purchase Under the Donation Appearance
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The article approaches a topic that has acquired great practical relevance in Cuba for the growing development of the contractual relationships and the existent modifications starting from the promulgation of the Ordinance-law ... -
Freedom of Speech versus Honor and Good Name: Collisions between Principles and Precedence Relations in the Colombian Constitutional Jurisprudence
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)This document shows the conditioned precedence relations identified in the constitutional jurisprudence in cases of collisions between the fundamental rights of freedom of speech, honor, and good name derived from the ... -
The Hermeneutic Revolution as a Scientific Integration Horizon: the Relationship between Law and its History
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The main objective of the article is to show the scope of the hermeneutical revolution in the contemporary world, as a new interpretative rationality. As a methodological element for its accomplishment, the study employed ... -
Informed Consent and Patient Autonomy in Cuba: An Essential Binomial
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)This work is motivated by the undeniable problem generated by the deficient regulation of informed consent and autonomy of will of the patients in the Cuban judicial ordinance, linked to insufficient knowledge and development ... -
Institutions with an Unbalanced Provision Contained in the Unidroit Principles Applicable to National Legal Businesses
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The purpose of this article is to analyze the legal viability of the application of legal institutions that ensure contractual justice, such as excessive disproportion and excessive onerosity (hardship), regulated in ... -
International Cooperation and the COVID-19 Pandemic in the Perspective of the Whistleblower Protection
(MedellínUniversidad de MedellínFacultad de Derecho, 2021-09-17)This article proposes the application of the whistleblowing institute in the case of the Chinese medic Li Wenliang by considering him a whistleblower due to the alerts he emitted about the COVID-19 pandemic. In face of the ... -
Labor Reform and its Economic Foundations in a Historical Perspective
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)This Works analyzes the economic foundation that motivated the presentation of a new Project of labor reform during the government of Argentinean President Mauricio Macri. For that, the article employs a historical perspective ... -
Law 1996 of 2019. Procedural Aspects Related to Repeals, Validities and Regime Transition
(MedellínUniversidad de MedellínFacultad de Derecho, 2021-09-17)This article aims to address the study of the transition regime of the 1996 law of 2019 and carry out an analysis of the procedural impact that this entails in the face of ongoing processes, those already completed and ... -
The Medical History in the Judicial Process for Medical Responsibility in Cuba: Scope and Probative Value
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The main purpose of this text is to analyze the scope and evidentiary value of clinical history in the legal-procedural field, in the light of the Cuban legal system as opposed to the disputed definition of its character ... -
People with Disabilities and their Legal Protection in a Time of Pandemic in Colombia
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)This article presents an analysis, from a legal perspective, of the protection status of persons with disabilities in Colombia based on the declaration of the State of Economic, Social and Ecological Emergency in the ... -
Political Struggle on Twitter s Cyberspace. Political Parties in Peru (2019-2020)
(MedellínUniversidad de MedellínFacultad de Derecho, 2021-10-04)The objective of this work was to know the way in which the political struggle developed in the cyberspace social network Twitter in the period June 2019 - June 2020, determining the level of adherence of the population, ... -
The Principle of Conforming Interpretation to Human Rights in Two Sentences: Homo-parental Filiation and Same-sex Marriage
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)Current Constitutional Law has developed its interpretation techniques to avoid the hermeneutic tools from the legal interpretation, which are inadequate for solving conflicts related to Human Rights. The principle of ... -
The Principle of Labor Progressivity and Non-regressiveness in the Jurisprudential Change: an Exam on the Retirement Pay Increase per Person in Charge of
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The objective of this article is to trace some considerations surrounding the principle of progressivity and non-regressiveness in the worker's social rights. This principle, as it is known, is settled both on national and ... -
The Problem of Political Obligation and the Principle of Fair Play: A Critical Assessment
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)There are different theories that try to give a satisfactory answer to the question of why people should obey the law. One of these proposals is the principle of fair play (or fairness). It says that if a person, who is ... -
Responsibility in State Contracts: an Analysis from Public Ethic Abstract
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The responsibility of the State has been framed through titles of imputation that go from the subjective responsibility of the failure of the service, going through the presumed failure, until culminating in the objective ... -
The Role of the Legal Clinics in the Promotion Of The SDGs in Colombia
(Universidad de MedellínFacultad de DerechoMedellín, 2021-05-19)The 2030 Agenda integrates the Sustainable Development Goals (SDGs) through the SDG 4, quality education. The '2030 Agenda' proposes education for sustainable development as one of the pillars to achieve just, equitable, ...
