Papers by VIeI - Via Inveniendi Et Iudicandi
Via Inveniendi Et Iudicandi, 2016
Taking into account Lynn Smith’s words, a rural sociologist who quotes that education is one of t... more Taking into account Lynn Smith’s words, a rural sociologist who quotes that education is one of the main endeavors in society, so becoming a tool of hope; in Colombia, during the last years, it has been approved an educational policy for social equality that offers a better educational for boys, girls and adolescents in rural areas of the country. Both in the urban and rural sectors, education is a priority and, to make it effective, it is necessary to strengthen teachers’ qualification in order to increase students’ competencies and skill by means of the construction of efficient curricula, making it evident the articulation of different criteria, syllabi, programs, methodologies and the processes that contribute to the integral education of the subjects involved.
This article reflects upon the pertinence rural schools curriculum have with the reality surrounding boys, girls and adolescents in the times of globalization, a curriculum that is sensible to the transformations required to understand a world that is changing from some decades ago.
Via Inveniendi Et Iudicandi, 2016
The present document reflects the author’s personal reflection whereby, approached from his own e... more The present document reflects the author’s personal reflection whereby, approached from his own experience, knowledge and especially from the perception of the particular subject in context.
The importance of this paper focus on the so-called congruence principle. Focus on the interest of legally explain the actions of the judge, from the time a person is accused of a crime. As a starting point for beginning the exercise of the right defense and contradiction, and thus, achieve the procedural equality. But, having always present, that since the beginning the defense must be oriented to contest the initial accusation created and how that framework should be immovable over any judicial system, in order to avoid areas of disadvantage in criminal proceedings.
Via Inveniendi Et Iudicandi, 2016
Are coherent and effective legal tools that have the Law 1448 of 2011 to achieve comprehensive la... more Are coherent and effective legal tools that have the Law 1448 of 2011 to achieve comprehensive land restitution to victims of dispossession and forced abandonment in Colombia? In Colombia it has been established that there are approximately 4 million victims of dispossession of land and 6.5 million hectares necessarily abandoned. On the one hand the 1448 Act of 2011 aims to fully compensate the victims, but otherwise imposes conditions that reduce the extent of such reparation as to who may be beneficiaries as to the real possibilities for access to restitution, such that clear proposals within the territorial development plans are included. The successful implementation of the Law on victims and land restitution also depend on the success of legal and policy measures that created the government of President Santos to achieve national peace, which assume the existence of a post-conflict scenario which It is still far removed from the reality of Colombia, why restitution to victims does not have the ideal scenario a reality.
Via Inveniendi Et Iudicandi, 2016
The main purpose of this text is to aid in the comprehension of the academic ideology of the Germ... more The main purpose of this text is to aid in the comprehension of the academic ideology of the German constitutionalist Peter Häberle. In order to have a coherent understanding of his work it is necessary to take into account the presumption of the works of several thinkers of historic relevance on which Häberle based his thinking; here we will be talking about one of them: Karl Raymund Popper. Häberle publicly acknowledges that his work was possible thanks to the work of Popper and frequently refers to him, occasionally taking for granted that the reader possesses that knowledge, therefore it is advisable to explain some of the fundamental notions, and how the learning and application thereto is performed.
Via Inveniendi Et Iudicandi, 2016
This paper aims to shed a number of relevant perspectives on security against terrorism and inter... more This paper aims to shed a number of relevant perspectives on security against terrorism and international crime from the Colombian experience. This work articulates strategic dimensions in general but focuses on relations with Africa, especially in the Horn of Africa. This document is an overview of one of the dimensions in which Colombia is exporting knowledge. In that vein, but general strategic lines are presented in the matter, especially in the fight against piracy.
Via Inveniendi Et Iudicandi, 2016
Whenever we refer to diplomatic immunity, we relate to the principle Equality sovereing
between S... more Whenever we refer to diplomatic immunity, we relate to the principle Equality sovereing
between States, (Par In Parem Not Habet Imperium), understood as the absolute inability to turn jurisdiction to another State, including its agents in the field they are known as international diplomatic agents.
The new trend in immunity to the concept of immunity Restricted, which should apply only in cases in which a State or its agents run their own function actions (Jure imperi), otherwise the current rules applied in the forum state.
It is due to this new trend we must evolve and change the old absolutist mentality on immunity court came to prevail, harmonized with the era of human rights and their effective enjoyment, trying to define the thin line that separates Immunity from Impunity, and this only it is achieved when the legislators and judges who are in charge of uttering and enforce laws governing citizens and foreigners who are in the country, understand the importance and necessity of setting a legal precedent addressing this issue.
Via Inveniendi Et Iudicandi, 2016
The analysis of setting rules of military justice and the concept of decisions of civil and milit... more The analysis of setting rules of military justice and the concept of decisions of civil and military courts may allow a likely performance of military justice. In case of a prominent change in the socio-cultural organization of the country, this instance may be able to establish probabilities close to the accuracy, whether there is a process of criminalizing the military conduct to encourage a subordination with subjection traits, since it is possible a State that continues to claim its empire against citizens, which imposes rules even against their own constitutional mandates, a compulsory condition of defense of the State instead of a contrary position provided in the second article of the Colombian Constitution.
Establishing conceptual and doctrinaire differences at the administration of military justice may recover the military disciplinary regime, which has lost gradually prominence against some criminal matters, making inclusion possible of military officers as ordinary individuals under the Constitution, with full equality of rights for their fellow citizens.
Via Inveniendi Et Iudicandi, 2016
The present article seeks to explore the social genesis that he/she came giving origin to the imp... more The present article seeks to explore the social genesis that he/she came giving origin to the implementation and constitution of what is known as the neoliberal field and neoinstitucional like novel formulas of global regulation of the social relationships of production of the capitalism globalization in our days. The hypothesis that defends in these lines is that these fields are the fruit of the exhaustion that suffered the Taylorista-Fordista-Keynesian pattern characteristic of the compound number State of Well-being, due to the nature of the social fights that you/they were developed inside that context. The general objective that one wants to show in the argument is that the type of Right associated to the State of Well-being is intimately associated to the theses that it has more than enough the same one Max Weber it developed but that in our days that type of rationality more and more it spreads to lack sense. The article wants to be introduced in the contemporary discussion on the character and meaning of the Right in the society of the capitalism globalization to register in the theoretical and political plane of its regulation nature and subordination or of its nature emancipator in the breast of the social movement.
Via Inveniendi Et Iudicandi, 2017
This paper highlights a need to make a transition from a compulsory military service to voluntary... more This paper highlights a need to make a transition from a compulsory military service to voluntary-and-professional enlistment in line with the new way of state established by Constitution in 1991, whose cornerstone is the constitutional value and principle as a function of basic right of dignity of the human being. Faced with this view there are some countries having done this transition, evidencing that modern states don’t require the compulsory military service since its abolition is not a detriment to security; otherwise, a professionalization of this job could result in a more effective defense and security. This paper also addresses a formula that could solve the defense and security issues of the Colombian state thanks to active military reserve members that, in the event of war, would supply the lack of youth forced. Finally, an analysis of the Constitutional Court
ulings against the enforceability of this standard as well as ending this obligation from a conscientious objection and a legislature absence to rule this voluntarism despite the recommendation by the Constitutional Court.
Via Inveniendi Et Iudicandi, 2017
The military disciplinary law (here on DDM) in Colombia, plays an important role in the in promot... more The military disciplinary law (here on DDM) in Colombia, plays an important role in the in promotion and prevention of Human Rights, reason why it is relevant to check the historical background, the current situation DDM and this contributes to the continuous improvement of the Human Rights of the armed forces, especially in the strengthening of these within the national army.
Via Inveniendi Et Iudicandi, 2017
The Inter-American System through the instruments through which acts have been commissioned to gi... more The Inter-American System through the instruments through which acts have been commissioned to give content to each of the rights recognized in the American Convention. The right to freedom of expression has not been oblivious to the doctrinal and jurisprudential development of inter-American system; against this right they have developed inter-American standards regarding freedom of expression on public officials and candidates to charges related Pubic turn to other human rights such as honor and privacy. Therefore, this article intends to expose the inter-American standards on public officials or individuals interested in holding public office in the light of sui generis protection threshold that such persons hold due to their status as public figures.
Via Inveniendi Et Iudicandi, 2017
This research focuses on showing how the need to reduce crime rates in the country
has been justi... more This research focuses on showing how the need to reduce crime rates in the country
has been justifying the “relativization of human rights”, based on the hypothesis that prison overcrowding is due to the adoption of criminal measures that have As a basis to impress society but lack the sufficient scientific support for its application has been losing effectiveness. With the aim of demonstrating the importance of designing comprehensive public policies that reduce levels of crime and the urgent need to carry out programs that ensure respect for the human rights of the prison population.
Via Inveniendi Et Iudicandi, 2017
The focus of the paper is to complement and to extend the assertion about a low relevance of the ... more The focus of the paper is to complement and to extend the assertion about a low relevance of the programs of study in law faculties (due to the lack of coordination
between the curriculums and the professional practices). The problem is analyzed from the thesis of the institutionalization of the contextual educational dialogue in the areas of legal knowledge. This proposition is based on the philosophical hermeneutics of the comprehension of the human experience about the world as a contextual dialogism of Gadamer. Its application in understanding the experience of a vocational training into a problematic context of the professional practices enables the learning in interdisciplinary environments, in addition to the contextualization of the programs of study.
Via Inveniendi Et Iudicandi, 2017
This article presents the results of an investigation that was aimed at analyzing the paradigm of... more This article presents the results of an investigation that was aimed at analyzing the paradigm of integrity in public transport in Bogota, from a qualitative descriptive approach was based both on literature review of studies on the subject, as in interviews semi-structured institutional sources. The purpose of reflection as set forth in this text is to understand the disruption in the field of planning and management of mass transit, at different levels, based on the paradigm of completeness, and support the need to intensify efforts to strengthen it.
Via Inveniendi Et Iudicandi, 2017
In this article, you will found those political and legal issues about the victims reparation in ... more In this article, you will found those political and legal issues about the victims reparation in Colombia, based on a transnational justice context, that is currently facing our country. Since 1960, aprox, the armed conflict in Colombia has been developed involving two main subjects, which are represented by the state through its public forces and rulers on one hand, and members of illegal armed groups on the other. Additionally, in this scenario are a few others that are not agree with the ideologies of armed conflict beginnings, which are perhaps, the most affected group: the civil population.
Therefore, it is necessary for the protection of the victims of forced displacement, to create political and regulatory mechanisms that seek for the protection of their rights, on the way they are established by the political constitution statute and the different jurisprudential provisions about it; For this reason, the objective of the research was focused to establish: What are the political and legal aspects to achieve full reparation for the victims of forced displacement due to the armed conflict in Colombia,
We proceed to analyze at first, the legal nature that aims to implement full reparation for victims of forced displacement. Having defined the concept of integral reparation, there were analyzed the positions that have been adopted from jurisprudential rulings, the political view, and the main contributions received by international judicial institutes, in order to found a real protection of their rights, including the participation of the victim population of violent actions by the armed groups outside the law.
This is why, the state's role in victims reparation, goes to increase the efforts to rebuild the social community by adopting effective mechanism, in order to compensate the damage caused by a prolonged period of violence, aims to achieve a real and integral protection for the victims, with access to justice and knowledge of the truth about the events occurred. Likewise, it should provide tools for the victims to develop a new life model recover their dignity, overcome traumas of systematic and widespread violence, all in order to reach national reconciliation.
Via Inveniendi Et Iudicandi, 2018
The concept of civil liabilty from a damage point of view as a source has different legal dimensi... more The concept of civil liabilty from a damage point of view as a source has different legal dimensions. This relationship between civil liability and damage relied upon its elements, the type of obligations generated and how this is characterized. The former takes into account the insights of colombian higher courts, which are prone to determine a linkage between characteristics of the damages and the granting of an indemnity for the prejudices caused.
Via Inveniendi Et Iudicandi, 2017
Fraudulent affiliation to social security has long been a matter of national interest, because of... more Fraudulent affiliation to social security has long been a matter of national interest, because of the economic imbalance that can generate within the System and defrauding of the legitimate expectations of the citizens who are currently induced to this practice by intermediaries who take advantage of the existing legal vacuum. In the present reflection, a summary of the normative and jurisprudential evolution of this phenomenon is made in light of the General System of Social Security in Health, the General Pension System and the General System of Occupational Risks, to conclude that legal instruments are lacking concrete to avoid and punish it, coupled with the fact that the jurisprudence presents an ambiguous handling of the subject, which imposes several public policy challenges to the system.
Via Inveniendi Et Iudicandi, 2017
The current and different underdevelopment in each country that shares land border with Colombia,... more The current and different underdevelopment in each country that shares land border with Colombia, from the consolidation of each nation-state, has been if not the greatest, one of the determining factors for the state does not ensure the protection of human rights. On the one hand, States are attracted by certain endogenous forces influenced by different political, economic, social and/or cultural policy trends, which are reflected in possible conflicts are these structural or circumstantial, and, on the other hand, are different exogenous forces that are in constant reaction, such as international relations, determinants also in the internal situation in each State, as demonstrated in the case of Venezuela, where its internal situation generates instability in the geopolitical border.
Despite the fact that in the majority of Latin American States there is a legal agreement in their political constitution to involve the International Law of human rights, it is evident that its applicability is subject to these endogenous and exogenous forces generating a strong Rejection both in the democracies of the region, as in its institutions. Hence the urgency of strengthening democracy within a stable legal framework, protector and guarantor of human rights, managing to build better relations between the neighbors.
Via Inveniendi Et Iudicandi, 2017
One of the most important approaches in the use of information and communication technologies (IC... more One of the most important approaches in the use of information and communication technologies (ICTs) in the teaching-learning process is to be able to implement digital educational resources (REDs) that favor educational autonomy in the student and that Allow the teacher to focus on more meaningful and specific areas of knowledge.
This article presents the results of a research project whose purpose was to evaluate the RED as a didactic tool in the elaboration of the instructional guide that allows the design of digital educational resources, as a support to the classroom. This research was contextualized in the classroom work of university professors of the University Jorge Tadeo Lozano (Bogotá, Colombia). The results allowed to determine the perception of the teachers on the RED as a didactic tool and to sustain strategies for their elaboration and use.
Via Inveniendi Et Iudicandi, 2017
This paper issues the question, whether the elections polls could be regulated in Colombia. This ... more This paper issues the question, whether the elections polls could be regulated in Colombia. This issue be approached trough the search of legal values of the constitutional court and the proportionality method, that puts, on the one hand, the civil liberties of opinion and information and, on the other hand, the electoral state functions and the truthful information.
Uploads
Papers by VIeI - Via Inveniendi Et Iudicandi
This article reflects upon the pertinence rural schools curriculum have with the reality surrounding boys, girls and adolescents in the times of globalization, a curriculum that is sensible to the transformations required to understand a world that is changing from some decades ago.
The importance of this paper focus on the so-called congruence principle. Focus on the interest of legally explain the actions of the judge, from the time a person is accused of a crime. As a starting point for beginning the exercise of the right defense and contradiction, and thus, achieve the procedural equality. But, having always present, that since the beginning the defense must be oriented to contest the initial accusation created and how that framework should be immovable over any judicial system, in order to avoid areas of disadvantage in criminal proceedings.
between States, (Par In Parem Not Habet Imperium), understood as the absolute inability to turn jurisdiction to another State, including its agents in the field they are known as international diplomatic agents.
The new trend in immunity to the concept of immunity Restricted, which should apply only in cases in which a State or its agents run their own function actions (Jure imperi), otherwise the current rules applied in the forum state.
It is due to this new trend we must evolve and change the old absolutist mentality on immunity court came to prevail, harmonized with the era of human rights and their effective enjoyment, trying to define the thin line that separates Immunity from Impunity, and this only it is achieved when the legislators and judges who are in charge of uttering and enforce laws governing citizens and foreigners who are in the country, understand the importance and necessity of setting a legal precedent addressing this issue.
Establishing conceptual and doctrinaire differences at the administration of military justice may recover the military disciplinary regime, which has lost gradually prominence against some criminal matters, making inclusion possible of military officers as ordinary individuals under the Constitution, with full equality of rights for their fellow citizens.
ulings against the enforceability of this standard as well as ending this obligation from a conscientious objection and a legislature absence to rule this voluntarism despite the recommendation by the Constitutional Court.
has been justifying the “relativization of human rights”, based on the hypothesis that prison overcrowding is due to the adoption of criminal measures that have As a basis to impress society but lack the sufficient scientific support for its application has been losing effectiveness. With the aim of demonstrating the importance of designing comprehensive public policies that reduce levels of crime and the urgent need to carry out programs that ensure respect for the human rights of the prison population.
between the curriculums and the professional practices). The problem is analyzed from the thesis of the institutionalization of the contextual educational dialogue in the areas of legal knowledge. This proposition is based on the philosophical hermeneutics of the comprehension of the human experience about the world as a contextual dialogism of Gadamer. Its application in understanding the experience of a vocational training into a problematic context of the professional practices enables the learning in interdisciplinary environments, in addition to the contextualization of the programs of study.
Therefore, it is necessary for the protection of the victims of forced displacement, to create political and regulatory mechanisms that seek for the protection of their rights, on the way they are established by the political constitution statute and the different jurisprudential provisions about it; For this reason, the objective of the research was focused to establish: What are the political and legal aspects to achieve full reparation for the victims of forced displacement due to the armed conflict in Colombia,
We proceed to analyze at first, the legal nature that aims to implement full reparation for victims of forced displacement. Having defined the concept of integral reparation, there were analyzed the positions that have been adopted from jurisprudential rulings, the political view, and the main contributions received by international judicial institutes, in order to found a real protection of their rights, including the participation of the victim population of violent actions by the armed groups outside the law.
This is why, the state's role in victims reparation, goes to increase the efforts to rebuild the social community by adopting effective mechanism, in order to compensate the damage caused by a prolonged period of violence, aims to achieve a real and integral protection for the victims, with access to justice and knowledge of the truth about the events occurred. Likewise, it should provide tools for the victims to develop a new life model recover their dignity, overcome traumas of systematic and widespread violence, all in order to reach national reconciliation.
Despite the fact that in the majority of Latin American States there is a legal agreement in their political constitution to involve the International Law of human rights, it is evident that its applicability is subject to these endogenous and exogenous forces generating a strong Rejection both in the democracies of the region, as in its institutions. Hence the urgency of strengthening democracy within a stable legal framework, protector and guarantor of human rights, managing to build better relations between the neighbors.
This article presents the results of a research project whose purpose was to evaluate the RED as a didactic tool in the elaboration of the instructional guide that allows the design of digital educational resources, as a support to the classroom. This research was contextualized in the classroom work of university professors of the University Jorge Tadeo Lozano (Bogotá, Colombia). The results allowed to determine the perception of the teachers on the RED as a didactic tool and to sustain strategies for their elaboration and use.
This article reflects upon the pertinence rural schools curriculum have with the reality surrounding boys, girls and adolescents in the times of globalization, a curriculum that is sensible to the transformations required to understand a world that is changing from some decades ago.
The importance of this paper focus on the so-called congruence principle. Focus on the interest of legally explain the actions of the judge, from the time a person is accused of a crime. As a starting point for beginning the exercise of the right defense and contradiction, and thus, achieve the procedural equality. But, having always present, that since the beginning the defense must be oriented to contest the initial accusation created and how that framework should be immovable over any judicial system, in order to avoid areas of disadvantage in criminal proceedings.
between States, (Par In Parem Not Habet Imperium), understood as the absolute inability to turn jurisdiction to another State, including its agents in the field they are known as international diplomatic agents.
The new trend in immunity to the concept of immunity Restricted, which should apply only in cases in which a State or its agents run their own function actions (Jure imperi), otherwise the current rules applied in the forum state.
It is due to this new trend we must evolve and change the old absolutist mentality on immunity court came to prevail, harmonized with the era of human rights and their effective enjoyment, trying to define the thin line that separates Immunity from Impunity, and this only it is achieved when the legislators and judges who are in charge of uttering and enforce laws governing citizens and foreigners who are in the country, understand the importance and necessity of setting a legal precedent addressing this issue.
Establishing conceptual and doctrinaire differences at the administration of military justice may recover the military disciplinary regime, which has lost gradually prominence against some criminal matters, making inclusion possible of military officers as ordinary individuals under the Constitution, with full equality of rights for their fellow citizens.
ulings against the enforceability of this standard as well as ending this obligation from a conscientious objection and a legislature absence to rule this voluntarism despite the recommendation by the Constitutional Court.
has been justifying the “relativization of human rights”, based on the hypothesis that prison overcrowding is due to the adoption of criminal measures that have As a basis to impress society but lack the sufficient scientific support for its application has been losing effectiveness. With the aim of demonstrating the importance of designing comprehensive public policies that reduce levels of crime and the urgent need to carry out programs that ensure respect for the human rights of the prison population.
between the curriculums and the professional practices). The problem is analyzed from the thesis of the institutionalization of the contextual educational dialogue in the areas of legal knowledge. This proposition is based on the philosophical hermeneutics of the comprehension of the human experience about the world as a contextual dialogism of Gadamer. Its application in understanding the experience of a vocational training into a problematic context of the professional practices enables the learning in interdisciplinary environments, in addition to the contextualization of the programs of study.
Therefore, it is necessary for the protection of the victims of forced displacement, to create political and regulatory mechanisms that seek for the protection of their rights, on the way they are established by the political constitution statute and the different jurisprudential provisions about it; For this reason, the objective of the research was focused to establish: What are the political and legal aspects to achieve full reparation for the victims of forced displacement due to the armed conflict in Colombia,
We proceed to analyze at first, the legal nature that aims to implement full reparation for victims of forced displacement. Having defined the concept of integral reparation, there were analyzed the positions that have been adopted from jurisprudential rulings, the political view, and the main contributions received by international judicial institutes, in order to found a real protection of their rights, including the participation of the victim population of violent actions by the armed groups outside the law.
This is why, the state's role in victims reparation, goes to increase the efforts to rebuild the social community by adopting effective mechanism, in order to compensate the damage caused by a prolonged period of violence, aims to achieve a real and integral protection for the victims, with access to justice and knowledge of the truth about the events occurred. Likewise, it should provide tools for the victims to develop a new life model recover their dignity, overcome traumas of systematic and widespread violence, all in order to reach national reconciliation.
Despite the fact that in the majority of Latin American States there is a legal agreement in their political constitution to involve the International Law of human rights, it is evident that its applicability is subject to these endogenous and exogenous forces generating a strong Rejection both in the democracies of the region, as in its institutions. Hence the urgency of strengthening democracy within a stable legal framework, protector and guarantor of human rights, managing to build better relations between the neighbors.
This article presents the results of a research project whose purpose was to evaluate the RED as a didactic tool in the elaboration of the instructional guide that allows the design of digital educational resources, as a support to the classroom. This research was contextualized in the classroom work of university professors of the University Jorge Tadeo Lozano (Bogotá, Colombia). The results allowed to determine the perception of the teachers on the RED as a didactic tool and to sustain strategies for their elaboration and use.