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- PublicaciónAcceso abiertoAnálisis contractual de la figura de gestación sustitutiva en Colombia(Universidad de Ibagué., 2019) Gutiérrez Domínguez, Paula Daniela; Orjuela Gutiérrez, María Alejandra; Bocanegra Aldana, HernandoThe purpose of this monograph is to analyze the concept of alternative pregnancy in Colombia from a civil perspective as a contractual modality, to describe the elements that compose it and its constitution, in turn, the historical background of this figure and its legislation is compiled in other countries. Draft laws on the subject in Colombia will also be examined. Finally, it establishes the need for their urgent regulation.
- PublicaciónAcceso abiertoModalidades delictivas que se desarrollan a través del sexting en Colombia: un análisis comparado con España y Estados Unidos(Universidad de Ibagué., 2019) Becerra Camacho, Jaime Alejandro; Pinzón Marín, Inés YohannaIt is important to point out that humanity is currently in an era of globalization, in which people have at their disposal with great ease new information and communication technologies worldwide, a situation that has enabled communication in an agile and expeditious manner. These new technologies have allowed humanity to have a large amount of relevant information at their disposal, and knowledge in all areas of knowledge and together with the Internet, become invaluable tools when gathering information and research that are relevant for the work, academic, family and social life of the people. However, this type of technology has also become a source and tool for the commission of crimes of all kinds and types. Crimes that range from information theft, kidnapping, extortion, and punishable behaviors derived from the phenomenon such as sexting. Therefore, it is important that as a first point a notion of sexting be identified as a behavior or a series of behaviors that currently afflict humanity and children as subjects of special protection of the State. However, it is also pertinent to note that this type of behavior of sending messages with sexual content may not be considered as a novel phenomenon, since this behavior has been practiced for many years, with the difference of the current technological tools. In this order of ideas, this notion must be updated in accordance with the advancement of information and communication technologies that allow materializing this behavior through new tools and diverse content such as videos, messages, photographs through social networks, cell phones , tablets and various tools designed for communication, and this is how I present in this monograph work everything related to the new phenomenon called Sexting, comparing with international legal systems that have discussed this issue more thoroughly such as Spain and the United States and how we could adapt it in our Colombian legal system.
- PublicaciónAcceso abiertoEficacia de las normas penales colombianas para prevenir y sancionar los ciberdelitos(Universidad de Ibagué., 2019) Escobar Roa, Daniela Alejandra; Jiménez Moreno, Linda Dayana; Barrera Alvira, CésarIn the last century, the figures presented in our country, due to cybercrime, and the high flexibility of the legal entities and institutions, with the application of legal norms, are extensive in the face of this type of crime. For this reason, we focus in this study on recognizing and differentiating how effective, efficient and effective the criminal legal norms are, in the face of this type of criminal acts in our country. Thus started, by a historical study and compared with the legal legislation of other countries, followed by this, an exhausting investigation with respect to the normativity and doctrinal extensions, which our legal system provides us. Continuing, and for greater understanding, we chose three cases of real life, occurring in our country, where the materialization of computer crime is fully evidenced, and it is allowed to observe the procedural procedure granted to it by the competent authorities. Reaching the conclusion and discovering the normative gaps that exist in each process, the ambiguous interpretation of the norm and finally, the absence of guiding verbs
- PublicaciónAcceso abiertoJusticia y verdad en los acuerdos de la Habana entre el gobierno de Colombia y las FARC.(Universidad de Ibagué., 2019) Rubio Toro, Oscar Gerardo; Garzón Garzón, Maria Camila; Barrera Alvira, CésarThe peace process that took place between the government of Colombia and the farc guerrilla group, has generated so much impact not only in the country, but worldwide, due to the flags that were raised from the first moment of the rapprochement among the main actors, that the objective of seeking a stable and lasting peace in the country, after more than 60 years of conflict. Now, the debate has focused on the victims, because they suffered the most from the rigor of the war and its consequences, for this a model of Transitional Justice was implemented so that both victims and victimizers had the scenario through the different mechanisms that the legal framework for peace brings in itself, all this always from the point of view of the great principles of Justice and Truth.
- PublicaciónRestringidoEl contrato de prestación de servicios y su abuso en el sector público Colombiano(Universidad de Ibagué, 2017) García Cardozo, Karen Natalia; Alcalá Villanueva, Harold; Rodríguez Acevedo, Juan ManuelIn Colombia, human material is indispensable for the optimal functioning and development of activities in the public administration, and they are directly responsible for creating and updating processes for the structuring of policies that allow the efficient execution of the duties of the Colombian State with respect to the community. In our country, and starting from the Constitution of 1991, the parameters over which the public function should be governed and specifically the way in which human resources should be directed were established, which at present is deeply distanced from what was determined at some time. Thus, those in charge of carrying out the public function covered by a protectionist labor regime are being progressively replaced and marginalized by the excessive and abusive use of the institution of the Contract for the Provision of Services, which by its nature should only be used when the activities to which it is intended to comply cannot be carried out by the personnel that make up the administrative staff. The denaturalization of this contractual modality has taken great relevance due to the excessive use that has been given to it in the different public institutions, all this with the fulfillment of a globalized policy of administrative restructuring, linking the personnel as independent contractor, but unloading on them, functions and daily activities of the institution's need, in this sense, it is possible to affirm that they would be ignoring the parameters under which the figure was conceived, to such an extent that public entities have been identified in which the number of contractors surpasses the number of jobs of the personnel plant.