Opinión Jurídica
type: channel
description: DOI: 10.22395/ojum eISSN 2248-4078 Opinión Jurídica is an internationally-reaching publication sponsored by the University of Medellin (Colombia). It publishes original articles that address relevant and current issues in the field of law and related sciences and has undergone a rigorous peer review process to ensure their quality and scientific rigor. It also seeks to facilitate communication among legal scholars, professionals, and students and to promote the internationalization of legal knowledge by promoting the publication of works by authors from different countries, especially Latin America. Submissions in Spanish, English, and Portuguese were also accepted. Since 2020, the journal has been continuously published, and at the end of each semester in June and December, the editorial group prepares the respective number.
publisher: Universidad de Medellín
language: en
publication name: Opinión Jurídica
issn: 2248-4078
copyright: You are free to: Share, copy and redistribute the material in any medium or format The licensor cannot revoke these freedoms as long as you follow the terms of the license. Under the following terms: Acknowledgment: You must give proper credit , provide a link to the license , and indicate if any changes were made . You may do so in any reasonable manner, but not in any manner that suggests that the licensor endorses you or your use. Non-Commercial: You may not use the material for commercial purposes. No Additional Restrictions: You may not apply legal terms or technological measures that legally restrict others from doing anything the license allows. Notices: You do not have to comply with the license for items of material in the public domain or where your use is permitted by an applicable exception or limitation . No guarantees are given. The license may not give you all the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
items: The Dilemmas of the Bio-legal Turn and the Commitment to a Vital Phenomenology of Law
items: The SDGs: Forgotten in Colombia? The Case of Target 15.2 of the 2030 Agenda, in the Light of Political Ecology (Ecopol)
items: Neoliberalism and Public Health Crisis: Privatization, Inequality, and a Quest for Efficiency
items: What did we lose along the way from a provider state to a subsidiary state
items: Between Restorative Justice and Reconciliation: Theoretical Reflections in Contexts of Political Violence
items: Zidres in the comprehensive rural reform and its assessment by the Colombian Constitutional Court’s jurisprudence
items: A Path to Shared Custody in Peru: Unfounded Impositions
items: Private International Law (PIL), Legal Industry (LI), and Learning Outcomes (LO) in the Legal Consultant’s Job Market
items: Anti-Money Laundering Law and the Legislative Process Behind it: a Study About the Brazilian Legislative Procedures
items: Catfishing: assuming a false identity on social networking platforms and its legal-criminal consequences
items: Fuzzy Sets and Law: A New Formal Paradigm in Legal Syntax
items: White-collar Crime and Human Rights: An Analysis of Edwin Hardin Sutherland’s Differential Association Theory
items: Adverse Effects from the Lack of Legislative Regulation on Surrogacy in Colombia
items: Law and Health: Palliative Care in the Brazilian Health System Facing the Needs of Cancer Patients
items: Law and Literature 'From the South': Fictional Lawyers in Cortázar
items: Law and Technology: Rethinking Justice Administration from the Fourth Industry Revolution
items: State Responsibility in the Argentine Republic. Origin, Evolution and Conflict Regulatory in the Case of Provincial States
items: Is the Employer Unprotected? The Effectiveness of the Request for Authorization to Dismiss Pregnant Women before the Ministry of Labor
items: The Importance of Caring for Bonds in the Family System Facing Conflictive Situations
items: Deconstructing the Protection Against Dismissal of Article 14 bis of the Argentine National Constitution
items: Formative Epistemology of Healthcare Social Protection Procedures
items: Guaranteeism in the Ecuadorian Criminal Process: A Perpetual Tension
items: The Concept of Legal Technique and Notions of Technique in the Social Sciences
items: Ontological Coaching: A Contribution to the Development of the Family Mediation Process
items: Armed Actors and their Regulation in Contemporary International Law: Incidents in the Colombian Case to 2021
items: Political Reflections in the Brazilian Supreme Court: the Expression of Political Justice in Extradition of Olga Benário (HC n. o 26.155/1936)
items: Iran: a Justified Villain?
items: The Effective Tax Challenge Arguments: Jurimetrical Analysis of the Arguments Raised before the Regional Tax Challenge Authority
items: Cyberpolitics and Political Leaders in Peru (2019-2020)
items: Transfer of Pension Regime: Duty and Right to Double Advice

The Dilemmas of the Bio-legal Turn and the Commitment to a Vital Phenomenology of Law
type: item
description: This paper aligns with the latest trends in the philosophy of Law aimed at promoting a more balanced ecological relationship among the planet’s diverse forms of life. It pays particular attention to Pachamama and Earth Jurisprudence, key bio-legal movement figures. The paper’s main goal is to examine potential and ethical-legal challenges—referred to as dilemmas—associated with the two approaches. The methodological focus is on a vital ethic that facilitates a new understanding of non-human entities. Consequently, this study provides insights into navigating the challenges faced by bio-legal paradigms.
subject: Artículos
  topic: section
subject: bio-legal paradigms
  topic: keywords
subject: earth jurisprudence
  topic: keywords
subject: pachamanism
  topic: keywords
subject: ecological ethics
  topic: keywords
subject: non-human subjectivity
  topic: keywords
creator: Edwin Rubio Medina
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-05
publication date: 2025-12-05
starting page: 1
ending page: 17
doi: 10.22395/ojum.a4519

The SDGs: Forgotten in Colombia? The Case of Target 15.2 of the 2030 Agenda, in the Light of Political Ecology (Ecopol)
type: item
description: The Sustainable Development Goals (SDGs), contained in the 2030 Agenda, are a global commitment to systematically address the problems that have plagued the world for decades, such as world hunger, climate change, inequality, patriarchy, and biodiversity loss, among others. The purpose of this article is to identify—in light of Latin American political ecology—the regulatory development that Colombia implemented to address the proposal in Target 15.2 (stopping deforestation) of the 2030 Agenda in Puerto Leguízamo, Putumayo. This objective responds to the environmental, cultural, territorial importance of the Colombian Amazon, an area that occupies 40% of the national territory and has been decimated by deforestation in recent years. For this purpose, a qualitative research methodology using document review was used, which revealed that this goal has not been normatively developed within the legal system and that the only instruments that have implemented it are public policy instruments (Conpes 3918 and Development Plans), in which it has also been ignored.
subject: Artículos
  topic: section
subject: deforestation
  topic: keywords
subject: Amazon
  topic: keywords
subject: Puerto Leguízamo
  topic: keywords
subject: Putumayo
  topic: keywords
subject: SDGs
  topic: keywords
subject: 2030 Agenda
  topic: keywords
subject: political ecology
  topic: keywords
creator: Anny Rodriguez Henao
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-21
publication date: 2025-08-21
starting page: 1
ending page: 27
doi: 10.22395/ojum.a4687

Neoliberalism and Public Health Crisis: Privatization, Inequality, and a Quest for Efficiency
type: item
description: This article examines neoliberalism’s impact on global healthcare governance, highlighting how privatization, fragmentation, and deregulation of services contributed to the weakening of public systems and the worsening of access inequalities, especially during pandemics. The central objective is to analyze health care systems, identifying their weaknesses and potential. The analysis includes the systems in Brazil (SUS) and the United Kingdom (NHS), whose characteristics are contrasted with the model South Korea adopted. The article applies a deductive method and a scientific research methodology based on a specialized bibliographic review—including books, journals, reports, and academic articles—that allows for a critical analysis of the impact of neoliberalism and the search for alternatives that reposition the State as a protagonist in guaranteeing the right to healthcare. This article demonstrates the influence of neoliberalism on the healthcare systems in Brazil and the United Kingdom, as well as the new model South Korea adopted. Finally, it is concluded that, considering healthcare as a universal right and a fundamental public asset, it is essential to reevaluate care models, prioritizing universality, equity, and the capacity to respond to healthcare crises, to the detriment of a market-centered logic.
subject: Artículos
  topic: section
subject: neoliberalism
  topic: keywords
subject: public health systems
  topic: keywords
subject: regulation
  topic: keywords
subject: inequality
  topic: keywords
subject: pandemic
  topic: keywords
creator: José Adércio Leite Sampaio
creator: Meire Aparecida Furbino Marques
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-06-27
publication date: 2025-06-27
starting page: 1
ending page: 31
doi: 10.22395/ojum.v24n51a5032

What did we lose along the way from a provider state to a subsidiary state
type: item
description: The main objective of this article is to critically analyze the Constitutional Amendment Proposal (PEC) 32/2020, which proposes an administrative reform in Brazil, especially concerning the inclusion of the principle of subsidiarity in the original text. This study adopts the deductive method, with a bibliographic technique, based on an analysis of legislation, doctrine, and the historical context of the country’s administrative reforms, specifically focusing on the managerial reform of the 1990s. Results reveal that, although the principle of subsidiarity was eliminated from the final text, its essence remains present in the PEC 32/2020 proposals, which promote a model of a subsidiary State aligned with neoliberalism, characterized by the reduction of state action and the precariousness of public servants’ guarantees. This research highlights that the managerial reform, implemented under the justification of modernization and efficiency, failed to strengthen the State’s regulatory supervisory role, relying excessively on a weakened civil society and control mechanisms focused exclusively on results. The conclusion of this study points out that the formal exclusion of the principle of subsidiarity does not eliminate the risks of a subsidiary State’s taxation, and that PEC 32/2020 is incompatible with the Social Status model provided for in the Federal Constitution of 1988.
subject: Artículos
  topic: section
subject: efficiency
  topic: keywords
subject: Supplier State
  topic: keywords
subject: Subsidiary State
  topic: keywords
subject: PEC 32/2020
  topic: keywords
subject: administrative reform
  topic: keywords
creator: Albano Busato Teixeira
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-05
publication date: 2025-05-05
starting page: 1
ending page: 19
doi: 10.22395/ojum.v24n51a3951

Between Restorative Justice and Reconciliation: Theoretical Reflections in Contexts of Political Violence
type: item
description: Social sciences have contributed to understanding the conditions necessary to overcome political violence, as well as to the recognition of reconciliation as the most comprehensive approach to positive conflict resolution, as it allows addressing the roots of a conflict, improving relations between opposing parties, and establishing lasting structural commitments. The main objective of this article is to highlight how restorative justice is the most opportune way to achieve this reconciliation, as an important component of transitional justice, being key to creating a peaceful, stable, healthy post-conflict society between formerly warring groups and the community. Qualitative research has focused on exploring social and human phenomena in Latin American countries. In these countries, political violence has been a persistent problem, primarily in Argentina, using data collection methods such as interviews, observations, and document analysis to obtain a detailed understanding. A set of strategies merges among the results found, primarily aimed at rebuilding the social fabric, which includes various social and restorative practices. Their variability over the years reflects a society that takes time to heal its wounds, but also an active memory that drives a constant search, which includes new generations and never ceases, relentlessly pursuing a restructuring of that something—individual and social—that has been broken in the past.
subject: Artículos
  topic: section
subject: restorative justice
  topic: keywords
subject: transitional justice
  topic: keywords
subject: reconciliation
  topic: keywords
subject: political violence
  topic: keywords
subject: social transformation
  topic: keywords
creator: María Gimena Funes
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-08-21
publication date: 2025-08-21
starting page: 1
ending page: 18
doi: 10.22395/ojum.a4967

Zidres in the comprehensive rural reform and its assessment by the Colombian Constitutional Court’s jurisprudence
type: item
description: This research aims to analyze the relevant changes that the Constitutional Court’s jurisprudence has introduced in the Zidres system (Zones of Rural, Economic and Social Development Interest, created by Law 1776 of 2016) during the 2016 2017 to 2018 period. This analysis seeks to specify the legal and social problems observed in implementing the law. The analysis was approached using a qualitative methodology, with an information collection documentary analysis to critically evaluate the jurisprudence regarding the effects of the Zidres Law on peasant and agrarian workers’ rights. This paper concludes that constitutional jurisprudence has created a catalog of peasant and agrarian workers’ rights, and has considered them as subjects of special constitutional protection due to their contribution to food production, and the guarantee of food security and sovereignty. This is a situation that has not materialized in a strict sense in the face of the constitutionality control that has been exercised on some of the provisions of Law 1776 of 2016.
subject: Artículos
  topic: section
subject: Zidres
  topic: keywords
subject: agrarian law
  topic: keywords
subject: agrarian reform
  topic: keywords
subject: comprehensive rural reform
  topic: keywords
subject: rural development
  topic: keywords
subject: agrarian workers
  topic: keywords
subject: food production
  topic: keywords
subject: food security
  topic: keywords
subject: post-conflict
  topic: keywords
subject: transitional justice
  topic: keywords
creator: David José Hernández Hoyos
creator: Ana María Barbosa Arrieta
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-27
publication date: 2025-05-27
starting page: 1
ending page: 25
doi: 10.22395/ojum.v24n51a4398

A Path to Shared Custody in Peru: Unfounded Impositions
type: item
description: The objective of this research was to analyze the foundations of an amendment and the background of Law 31590, which establishes shared custody as the general rule, as well as Law 29269, which first regulated shared custody in the Peruvian Code for Children and Adolescents, considering it as an alternative, not as the general rule. An exegetical method was applied through documentary review, focused on analyzing the bills, committee reports, and the final product (the laws under analysis), in contrast to the principle of the child’s best interests. The review is based on documentation from the Congress of the Republic of Peru, publications about Law 29269 and Law 31590, from the entities involved (the Ombudsman's Office and the Ministry of Women and Vulnerable Populations), and the doctrine related to the subject of analysis. Among the main findings is that the drafting of both laws failed to consider the opinions of institutions familiar with the problems arising from custody proceedings; nor did it take into account research on custody proceedings within the framework of Law 29269 that would support the need for amendment. While the principle of the child’s best interest is invoked in the rationale of both laws, the context in which they were drafted reveals that custody is considered a parent’s right, disregarding minors’ rights.
subject: Artículos
  topic: section
subject: children and adolescents’ rights
  topic: keywords
subject: protection of children and adolescents’ rights
  topic: keywords
subject: children’s and adolescents’ best interests
  topic: keywords
subject: child custody
  topic: keywords
subject: family law
  topic: keywords
creator: Ana María Amado Mendoza
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-11
publication date: 2025-12-11
starting page: 1
ending page: 25
doi: 10.22395/ojum.a4954

Private International Law (PIL), Legal Industry (LI), and Learning Outcomes (LO) in the Legal Consultant’s Job Market
type: item
description: This article examines how Private International Law (PIL), the Legal Industry (LI), and Learning Outcomes (LO) have an influence on legal aid’s job market. This is shown by means of a complex methodological approach, integrating a set of information sources and dialogical, recursive, and hologrammatic paradigms in order to identify key features and determining elements in the job market. The methodology included multi-criteria analysis, the Delphi method, Data Panel, Designing Process, and Prospective Analysis to establish work patterns and criteria. The theoretical framework explored labor market concepts as outlined by the International Labour Organization (ILO) and the Association of Law Faculties (Acofade). The study highlighted an oversupply of law professionals in relation to market demand, suggesting that relying on traditional legal career paths hampers the exploration of other potential fields. This study advocates for analyzing legal aid’s job market by integrating insights from PIL, LI, and LO.
subject: Artículos
  topic: section
subject: Private International Law
  topic: keywords
subject: employment
  topic: keywords
subject: legal industry
  topic: keywords
subject: labor market
  topic: keywords
subject: learning outcomes
  topic: keywords
creator: Jahir Alexander Gutiérrez Ossa
creator: Luz Elena Mira Olano
creator: Sergio Orlando Silva Arroyave
creator: Paola Milena Cuesta Mena
rights: Copyright (c) 2024 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-06
publication date: 2024-12-06
starting page: 1
ending page: 30
doi: 10.22395/ojum.v23n50a51

Anti-Money Laundering Law and the Legislative Process Behind it: a Study About the Brazilian Legislative Procedures
type: item
description: This paper intends to analyze in detail the legislative procedures relating to laws that regulate money laundering in Brazil and their future tendencies, exploring the research field called criminal legislative policy. The main objective of this paper is to help build this research area in Brazil, as well as to map out some characteristics of the Brazilian legislative process concerning the criminalization of conduct related to the economy (political parties involved, foreign influences, etc.). The first part of the paper is theoretical and explores the concept of legislative policy and the international regulation of money laundering, mainly in Latin America, that could have influenced Brazilian legislation. The last part of the paper is composed of graphs that explore details about the legislative procedure of the two main Brazilian pieces of legislation on money laundering. This part also contains a table with the main active bills that seek to change the current legislation on the matter, as well as a critical analysis. The initial conclusions point to an increase in punishment in the years analyzed, with future trends heading in the same direction. The methodology used is bibliographic, legislative, and documental research.
subject: Artículos
  topic: section
subject: criminal legislative policy
  topic: keywords
subject: money laundering
  topic: keywords
subject: international regulation
  topic: keywords
subject: legislative procedure
  topic: keywords
subject: criminal law-making policy
  topic: keywords
subject: economic crimes
  topic: keywords
subject: Brazilian criminal policy
  topic: keywords
creator: Chiavelli Facenda Falavigno
rights: Copyright (c) 2024 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-06-24
publication date: 2024-06-24
starting page: 1
ending page: 21
doi: 10.22395/ojum.v23n49a43

Catfishing: assuming a false identity on social networking platforms and its legal-criminal consequences
type: item
description: This article aims to discuss the legal issues associated with the use of false profiles on social networking platforms, to verify whether this conduct represents a criminal infraction in the Brazilian legal system. To this end, this study seeks to answer the following question-problem: “Does assuming a false identity on social networking platforms configure the crime of false identity provided for in the Brazilian regulatory system?” To answer this question, this research aims, first, to present operational concepts related to social networking platforms and statistical data involving the use of this type of information and communication technology. Next, the study analyzes a conduct known as catfishing as a practical representation of assuming a false identity in a virtual environment, exposing concrete cases, presenting the origin of the term, and its connection with social networking platforms. After providing an overview of catfishing, this research evaluates whether this conduct constitutes a crime of false identity from the perspective of the Brazilian regulatory system. To achieve the proposed objectives, this research implements an inductive method, with a qualitative approach, and technical bibliographic and documentary research procedures. As a result, the study identified that catfishing, understood as assuming a false identity in a virtual environment, is directly related to the specific use of social networking platforms for deceptive purposes and that, although it is widely present in these environments, it does not in itself constitute a criminal offense in the Brazilian legal system. However, the study found that this practice may fall under a criminal type of false identity, provided for in Article 307 of the Criminal Code. This is so if the agent’s malice is proven by taking on a false identity to obtain some kind of advantage or cause harm. Researchers observed that criminal liability requires a contextualized analysis of the conduct, taking into …
subject: Artículos
  topic: section
subject: social networks
  topic: keywords
subject: catfishing
  topic: keywords
subject: false identity
  topic: keywords
subject: criminal law
  topic: keywords
subject: cybercrime
  topic: keywords
creator: Paulo Henrique Carvalho Almeida
creator: Sebastião Patrício Mendes da Costa
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-05-14
publication date: 2025-05-14
starting page: 1
ending page: 23
doi: 10.22395/ojum.v24n51a4340

Fuzzy Sets and Law: A New Formal Paradigm in Legal Syntax
type: item
description: This research article aims to highlight operational shortcomings of traditional logical models in constitutionalized systems and to show how fuzzy sets arising from fuzzy logic bring a feasible alternative to meet the formal component in such systems. To that end, a legal-philosophical research method was implemented for logical-formal analyses of legal rulings on normative statements affected by linguistic vagueness. Findings suggest that value bivalence, common in firstorder logic gives rise to significant adaptive shortcomings when addressing cases involving legal principles and values. Therefore, due to the high degree of semantic indeterminacy of such normative statements, systemic-formal legal models designed with first-order logic should be replaced by systemic models based on fuzzy sets.
subject: Artículos
  topic: section
subject: legal theory
  topic: keywords
subject: legal principles
  topic: keywords
subject: hard cases
  topic: keywords
subject: deontic logic
  topic: keywords
subject: complexity
  topic: keywords
subject: linguistic vagueness
  topic: keywords
subject: fuzzy sets
  topic: keywords
creator: Manuel Asdrúbal Prieto Salas
rights: Copyright (c) 2024 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-12-11
publication date: 2024-12-11
starting page: 1
ending page: 16
doi: 10.22395/ojum.v23n50a48

White-collar Crime and Human Rights: An Analysis of Edwin Hardin Sutherland’s Differential Association Theory
type: item
description: This article aims to analyze whether the concepts of differential association theory and white-collar crime, both formulated by Edwin H. Sutherland, are applicable in the context of contemporary criminality, especially regarding the crime of money laundering. Using a deductive method and an approach based on bibliographic analysis, the study begins with a theoretical exposition of the aforementioned concepts and then examines money laundering and its relationship with the premises of white-collar crime, culminating in an analysis of the trial of Criminal Action No. 470 (the “Mensalão” case). Results indicate that, although there has been progress in holding high-ranking officials criminally accountable, the legal system still exhibits structural selectivity, with unequal application of criminal law based on the socioeconomic status of those involved. The main conclusion indicates that Sutherland’s propositions remain valid to understand the punitive system’s asymmetries, revealing that white-collar crimes, although formally punishable, still receive privileged treatment, which compromises the effectiveness of penal justice and the protection of the human rights of marginalized groups.
subject: Artículos
  topic: section
subject: money laundering
  topic: keywords
subject: differential association theory
  topic: keywords
subject: human rights
  topic: keywords
creator: Lucas Catib de Laurentiis
creator: Fernanda Carolina de Araújo Ifanger
creator: Raquel Nuvolini Wajngarten
rights: Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-10-27
publication date: 2025-10-27
starting page: 1
ending page: 21
doi: 10.22395/ojum.a4548

Adverse Effects from the Lack of Legislative Regulation on Surrogacy in Colombia
type: item
description: The lack of regulation on surrogacy in Colombia can violate fundamental rights, including women’s sexual and reproductive rights and the right of the unborn child to have a family. This article focused on analyzing the adverse effects of this issue that has been debated by the Constitutional Court, prioritizing the rights of children and adolescents. Using a hermeneutic methodology based on the review and interpretation of legal sources, we found that this practice has gained popularity as an alternative for those who wish to become parents and in some contexts as a source of remuneration for pregnant women. However, regulatory gaps have led to serious legal problems, especially in the filiation of children born through surrogacy. The constitutional court has stressed the need for regulation that protects the rights of minors and offers solutions to possible disputes between the parties.
subject: Artículos
  topic: section
subject: kinship
  topic: keywords
subject: family planning
  topic: keywords
subject: reproductive rights
  topic: keywords
subject: family law
  topic: keywords
subject: human reproduction
  topic: keywords
subject: pregnancy
  topic: keywords
creator: Juan Pablo Góez Colorado
rights: Copyright (c) 2024 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-06-24
publication date: 2024-06-24
starting page: 1
ending page: 28
doi: 10.22395/ojum.v23n49a41

Law and Health: Palliative Care in the Brazilian Health System Facing the Needs of Cancer Patients
type: item
description: This article aims to promote reflection on the human right to health of cancer patients and the violation of this right by the current management system. It presents as a problem the following question: to what extent cancer patients have access to palliative care, so that their human dignity can be guaranteed, taking into account the model of free and egalitarian state provision of health for citizens, constitutionally guaranteed? Following this ideal, the research method used was hypothetical-deductive, through the technique of bibliographic and documental research. Based on the data collected, there is evidence of a lack of supply in the Brazilian public health system in relation to palliative care, especially from a biopolitical perspective. Therefore, it is concluded that the neoliberal government model tends not to invest public budget in the demands of patients who do not have the value of human capital that repays the State, causing cancer patients to have their human dignity violated.
subject: Artículos
  topic: section
subject: biopolitics
  topic: keywords
subject: right to health
  topic: keywords
subject: neoliberalism
  topic: keywords
subject: oncology
  topic: keywords
subject: public health system
  topic: keywords
creator: Janaína Machado Sturza
creator: Laís Betinelli Pasqualoto
rights: Copyright (c) 2024 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-06-24
publication date: 2024-06-24
starting page: 1
ending page: 16
doi: 10.22395/ojum.v23n49a42

Law and Literature 'From the South': Fictional Lawyers in Cortázar
type: item
description: This paper presents an analysis of the roles and characters of lawyers in literature, following one of the lines of work of the 'law and literature movement.' To do this, it focuses on an Argentine writer, central in Latin American literature, as Julio Cortázar. From his work, a corpus of two short stories linked by the character of lawyer is examined to present a reading from the point of view of 'law and literature' aiming to shed light on some issues in legal practice and drawing directions to reformulate it.
subject: Artículos
  topic: section
subject: law and literature
  topic: keywords
subject: lawyers
  topic: keywords
subject: legal practice
  topic: keywords
subject: legal education
  topic: keywords
subject: representation
  topic: keywords
subject: Julio Cortázar
  topic: keywords
creator: María Jimena Sáenz
rights: Copyright (c) 2024 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2024-06-24
publication date: 2024-06-24
starting page: 1
ending page: 26
doi: 10.22395/ojum.v23n49a40

Law and Technology: Rethinking Justice Administration from the Fourth Industry Revolution
type: item
description: This paper aims an analysis about the impact of the technology implementation in the justice administration in Colombia from the changes introduced by the fourt industry revolution. although the use of TICs for a better development of justice isn´t a legal mandate, with the emergency derived from COVID-19, it was necessary to use different shock strategies against the possibility of physical contact in the judicial services. The main objective is to determinate the impact caused by the changes presented in the use of technology generated by the COVID-19 in Colombian justice: the application of Information and communication technologies (TICs) to the Law. In this context, it been used an analytical documentary approach by the study of juridical texts, specialized web pages and other documents that allow to go deeper in the subject. As a main conslusion, are evidente new cultural patterns and new autonomous regulations forms of human behavior, juridical traffic, wich are linked to data ownership, intimacy rigths, strategic and politic advantages that may arise from its use among other.
subject: Artículos
  topic: section
subject: justice
  topic: keywords
subject: technology
  topic: keywords
subject: COVID-19
  topic: keywords
subject: society
  topic: keywords
subject: risk
  topic: keywords
subject: Industrial Revolution
  topic: keywords
creator: Jorge Octavio Ramírez Ramírez
creator: Katherine Gómez-García
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-11-03
publication date: 2023-11-03
starting page: 1
ending page: 22
doi: 10.22395/ojum.v22n48a31

State Responsibility in the Argentine Republic. Origin, Evolution and Conflict Regulatory in the Case of Provincial States
type: item
description: With the enactment of the State Responsibility Law 26,944 (LRE) and the new Civil and Commercial Code of the Argentine Nation (2014), there is a challenge for regulatory integration in the case of provincial states that do not have their own law that sets the limits and conditions in which it must respond for the damages caused to individuals. The main objective of this article is to analyze the background on the matter, the applicable constitutional and legal norms, as well as the jurisprudential evolution and propose possible solutions for the provinces that do not yet have their own liability law. This descriptive and qualitative work, based on the normative relevance of the federal legal order and the provincial legal systems, analyzes the possible solutions to such a conflict. As the main conclusion, and despite the inapplicability declared by both the civil norm and the LRE, a complementary interpretation of the common provisions of law to cases of damages caused by the State appears as the best solution to the case.
subject: Artículos
  topic: section
subject: administrative law
  topic: keywords
subject: state liability
  topic: keywords
subject: civil servant
  topic: keywords
subject: federalism
  topic: keywords
subject: human rights
  topic: keywords
creator: Mauricio Goldfarb
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-11-03
publication date: 2023-11-03
starting page: 1
ending page: 21
doi: 10.22395/ojum.v22n48a30

Is the Employer Unprotected? The Effectiveness of the Request for Authorization to Dismiss Pregnant Women before the Ministry of Labor
type: item
description: This article aims to expose how maternity protection has been structured in Colombia in light of national and international regulations, as well as legal decisions, through a documentary, qualitative, and descriptive investigation. It also seeks to highlight the effectiveness of the legal process for obtaining the Ministry of Labor’s resolution by employers, which authorizes the dismissal of pregnant women. Furthermore, it aims to identify the legal scope of Labor inspectors’ decisions regarding the termination of employment contracts for pregnant women when there is just cause and analyze the legal avenues available in Colombian law that allow for the justified dismissal of pregnant women. The goal is to verify whether these parameters set by the Ministry of Labor are met in practice concerning the role of the Labor inspector in the termination process of the employment contract with just cause for pregnant women.
subject: Artículos
  topic: section
subject: employment conditions
  topic: keywords
subject: maternity
  topic: keywords
subject: legislation
  topic: keywords
subject: employer
  topic: keywords
subject: female worker
  topic: keywords
subject: job security
  topic: keywords
creator: María Victoria Rodríguez Rico
creator: Issabella Andrea Sierra Robles
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-11-01
publication date: 2023-11-01
starting page: 1
ending page: 23
doi: 10.22395/ojum.v22n48a29

The Importance of Caring for Bonds in the Family System Facing Conflictive Situations
type: item
description: This article aims to expose the need for a constructive management of conflicts within the family environment and the corresponding care of bonds. Different conflicts arising in processes such as separations, management of family businesses, and those involving older adults are analyzed. There is an observed necessity to provide a restorative approach that not only focuses on the conflict itself but also on the bond that unites the parties and its restoration, considering that it usually arrives with a high degree of deterioration or practically destroyed. The importance of emphasizing interdisciplinary work is highlighted to generate a real reparation of the damages produced by the conflict within the family unit, with a restorative approach.
subject: Artículos
  topic: section
subject: family environment
  topic: keywords
subject: family bond
  topic: keywords
subject: business
  topic: keywords
subject: interpersonal relationships
  topic: keywords
subject: mediation
  topic: keywords
subject: problem-solving
  topic: keywords
creator: María José Briz Clariget
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-11-01
publication date: 2023-11-01
starting page: 1
ending page: 12
doi: 10.22395/ojum.v22n48a28

Deconstructing the Protection Against Dismissal of Article 14 bis of the Argentine National Constitution
type: item
description: In this article, we propose to contribute to a new legal approach concerning the concept of arbitrary dismissal and its protection. To achieve this, we will review certain conceptual frameworks that have been established for some time and appear as indisputable and unchanging. However, this review does not entail denying the theoretical production surrounding the majority or hegemonic labor law. On the contrary, it aims to provide an alternative perspective through which to interpret its legal regulation in a constitutional context. The main objective is to initiate a process of deconstructing the protection enshrined in Article 14 bis of the Argentine National Constitution. This process will culminate in the proposal of nullity followed by reinstatement to the position, in other words, real job security. We consider this alternative as the most suitable way to protect the worker and deter the employer in cases of arbitrary dismissal. Furthermore, we acknowledge the potential judicial restoration to the previous state of affairs through the application of Article 10 of the Civil and Commercial Code. The chosen methodology to address this issue will be normative analytical and critical interpretation.
subject: Artículos
  topic: section
subject: arbitrary dismissal
  topic: keywords
subject: dismissal without cause
  topic: keywords
subject: protection
  topic: keywords
subject: worker
  topic: keywords
subject: national constitution
  topic: keywords
creator: María Florencia Suárez
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 13
doi: 10.22395/ojum.v22n48a27

Formative Epistemology of Healthcare Social Protection Procedures
type: item
description: This research conducts an epistemological analysis of the procedures that assist Colombians in obtaining social protection in healthcare from a formative perspective. To achieve this, a qualitative documentary research methodology was applied, involving the analysis of laws, texts, and jurisprudence. The deductive method with a hermeneutic approach was employed, relying on observation and techniques such as bibliographic cards, conceptual maps, and synoptic tables to enhance comprehension of the topic. The obtained results reveal the necessity of developing an epistemological conceptual construction of the usage and practice of a special procedural right for healthcare social protection. This arises from the fact that administrative procedures and judicial processes before ordinary or administrative contentious jurisdiction judges are excessively slow. Only the Action of Tutela has demonstrated efficiency in safeguarding these rights, thanks to its swift process that combines two traditional views of procedural law: efficiency and humanization of law.
subject: Artículos
  topic: section
subject: healthcare
  topic: keywords
subject: procedures
  topic: keywords
subject: epistemology
  topic: keywords
subject: social protection
  topic: keywords
subject: efficiency
  topic: keywords
subject: humanization of the process
  topic: keywords
creator: Jorge Luis Restrepo Pimienta
creator: Harold Mauricio García Acevedo
creator: Raúl Francisco Almarales Quintero
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 16
doi: 10.22395/ojum.v22n48a26

Guaranteeism in the Ecuadorian Criminal Process: A Perpetual Tension
type: item
description: The Ecuadorian criminal and criminal procedure system has been built under the mantle of the guarantee doctrine. However, we can question whether the fundamental precepts of this deontological ideal play a leading role in the practical resolution of specific cases or if they are rather part of a normative ideal, far removed from pragmatic reality. The a priori reality shows us that the guarantee proposal continues to be a goal, the fulfillment of which is immersed in perpetual tensions as a result of the momentum of efficiency and the expansion of authoritarian criminal law, protected by populist criminal proposals, far from the enlightened ideal. The objective of this work will be to highlight the origin of these contradictions and the problems to which it subjects the criminal process that prides itself on respecting fundamental rights, and within the fundamental conclusions we will find that the normative structure of Ecuador does not empirically ensure compliance with the postulates in each specific case. The research method will be legal exegesis, and through bibliographical exploration it will be possible to reveal the origin, nature and tension produced by this dichotomous model.
subject: Artículos
  topic: section
subject: guarantees
  topic: keywords
subject: criminal proceedings
  topic: keywords
subject: legal system
  topic: keywords
subject: minimum criminal law
  topic: keywords
subject: constitution
  topic: keywords
subject: expansion
  topic: keywords
creator: Héctor Gabriel Vanegas Fernández
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 16
doi: 10.22395/ojum.v22n48a25

The Concept of Legal Technique and Notions of Technique in the Social Sciences
type: item
description: The Main Objective of this Article is to Analyze the Implications, Limits, and Possibilities of the Axiom Commonly Found in Legal Literature, that Law is Defined by Being a Technique for the Organization of Social Life. The Implemented Methodology is Based on Bibliographic and Documentary Research. The Text is Divided into Three Axes: i. an Analysis of the Meanings that can be Extracted from the Term ‘Technique’ in Some Legal or Juridical Texts in a Broad Sense; ii. a Research on the Boundaries and Scope of Notions of ‘Technique’ in Anthropology and Sociology, Drawing on Authors like Mauss, Marx, and Weber; iii. Clues for a Critical Reflection, from the Social Sciences, on the Breadth of the Idea of Legal Technique. The Found Results Demonstrate that the Notion of Technique Appears with Plural Meanings in Legal Studies as well as in those of the Social Sciences. As the Main Conclusion, it is Worth Noting that the Understanding of Legal Technique, as well as the Expression of Technique in General, Cannot be Taken in a Unambiguous, Hermetic, or Self-Explanatory Manner.
subject: Artículos
  topic: section
subject: technique
  topic: keywords
subject: axiological plurality
  topic: keywords
subject: legal technique
  topic: keywords
subject: law
  topic: keywords
subject: social sciences
  topic: keywords
creator: Bruna da Penha de Mendonça Coelho
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 15
doi: 10.22395/ojum.v22n48a24

Ontological Coaching: A Contribution to the Development of the Family Mediation Process
type: item
description: Through this work, the aim is to analyze and highlight ontological coaching as a tool that provides skills for creating communicative spaces, personal introspection, changing habits, strengthening values, rethinking beliefs, and the ability to see stories and premature judgments from a new perspective. The main objective is to integrate ontological coaching into family mediation processes, so that participants in conflict can visualize new meanings, find paths, and establish connections, thus promoting a positive evolution in family relationships. Additionally, the goal is to foster the commitment and responsibility of those involved, as well as facilitate the effective development of the mediator, in order to achieve a successful mediation process.
subject: Artículos
  topic: section
subject: mediation
  topic: keywords
subject: family mediation
  topic: keywords
subject: coaching
  topic: keywords
subject: ontological coaching
  topic: keywords
subject: conflict
  topic: keywords
creator: José Guadalupe Steele Garza
creator: Jesús Roberto Garza Castillo
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 20
doi: 10.22395/ojum.v22n48a23

Armed Actors and their Regulation in Contemporary International Law: Incidents in the Colombian Case to 2021
type: item
description: This article arises as a product of updating and deepening the teaching activity in the area of Public International Law. The main objective is to describe the legal-political regulation for armed actors, legal and illegal, in the Colombian and demarcated territory in the context relative to the year 2021. The methodology obeys a descriptive investigation that is supported by the collection of information from secondary sources through the technique of webmining or electronic mining, using qualitative research techniques, framed in the scope of the Final Peace Agreement between the Farc-Ep and the Colombian State. It explores the areas of military privileges, amnesties for crimes considered political, and the transits of ordinary justice in exceptional frameworks of political conjunctures for the achievement of peace-building scenarios. The main results are classified in the regulation for legal and illegal armed actors and as a main conclusion, the difficulties of the imperative application of contemporary international regulations are put forward, given the custom acquired by international society within the classic scenario of international relations.
subject: Artículos
  topic: section
subject: armed actors
  topic: keywords
subject: international humanitarian law
  topic: keywords
subject: public international law
  topic: keywords
subject: military jurisdiction
  topic: keywords
subject: transitional justice
  topic: keywords
creator: Diana Patricia Arias Henao
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 24
doi: 10.22395/ojum.v22n48a22

Political Reflections in the Brazilian Supreme Court: the Expression of Political Justice in Extradition of Olga Benário (HC n. o 26.155/1936)
type: item
description: The highlight assigned to the Brazilian Supreme Court in trials of political opponents is observed in the Vargas State. In the intersection of the Vargas government, the historical judgment of Habeas Corpus n. ° 26.155/1936 in favor of Maria Prestes - codename of Olga Benário. Is evident the singularities of the case and its intertwining with the political and historical context enhance the object. This study aims to analyze the political reflexes in the Brazilian Supreme Court during the interstitium between 1930 and 1936 and how they impacted the induction and outcome of Habeas Corpus n. ° 26.155/1936. Under the epistem of qualitative research, historical research in Law and the case study are associated, examining the political scenario in which Habeas Corpus n. ° 26.155/1936 was inserted; it enunciates actions of the Executive Power that had repercussions in the Supreme Court; the founding elements of Olga Benário’s defense thesis and the outcome of the trial are presented; it is maked an analysis of the state of the art of the correlation between Justice and Politics from the perspective of the use of law for political ends. Finally, it is understood, from the conceptual framework of Political Justice, its applicability in the context of Habeas Corpus 26.155/1936.
subject: Artículos
  topic: section
subject: Brazilian Federal Supreme
  topic: keywords
subject: Court
  topic: keywords
subject: political justice
  topic: keywords
subject: Brazil
  topic: keywords
subject: constitutional jurisdiction
  topic: keywords
subject: political power
  topic: keywords
creator: Martonio Mont'Alverne Barreto Lima
creator: Thaís Araújo Dias
creator: Ítalo Reis Gonçalves
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 21
doi: 10.22395/ojum.v22n47a21

Iran: a Justified Villain?
type: item
description: The present work is based on a study of historical analysis and political opinion that was able to understand the change in international relations between Iran and the United States, this was achieved by applying the methodological rigor of an analytical study, based on the theory of realism of a historically antagonistic context. Everytime we think about the Middle East, the first things that come to our minds are images of war, terrorism and conflicts between countries and ethnic groups. This is because the situation of conflict in the region hasn´t stop, due to the confrontation of two nations. The first and most known is Israel, since it was founded, Israel fights to survive against terrorist groups and other countries, the second one is Iran, since 1979 it heads the list of being the biggest and most staunch enemy of Israel, United States and other Western powers. The Islamic Republic of Iran, Russia and China, are the most antagonic countries by excellence of the West. Iran provides support to Israel’s enemies and it is the country that most harshly combats Western interference in the Middle East, but we always leave aside the motives why Iran changed from being one of the biggest allies of West to being the biggest villain and rival. This motives can be religious, politics, territory or even economical.
subject: Artículos
  topic: section
subject: Ayatola
  topic: keywords
subject: Sah
  topic: keywords
subject: Oil
  topic: keywords
subject: Foreign Intervention
  topic: keywords
subject: International Conflict
  topic: keywords
creator: Gabriela Aguado Romero
creator: Luis Gabriel Moreno Rodríguez
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 20
doi: 10.22395/ojum.v22n47a20

The Effective Tax Challenge Arguments: Jurimetrical Analysis of the Arguments Raised before the Regional Tax Challenge Authority
type: item
description: This paper evaluates the effectiveness of different types of challenge arguments raised to invalidate resolutions emitted by the Bolivian Tax Administration. All appeals filed before the Tax Challenge Authority of Cochabamba in 2020 were analyzed. The 646 arguments identified were organized into 30 types of mutually exclusive arguments. The frequency and effectiveness of each of the types of arguments were recorded. A significant inclination in favor of the appellants was found in the decisions observed that were caused, mainly, by high rates of efficacy in some types of arguments. In light of the results, it is concluded that the appeal is a convenient challenge for the appellants, especially if they have grounds to raise any a highly effective arguments.
subject: Artículos
  topic: section
subject: administrative law
  topic: keywords
subject: administrative tribunals
  topic: keywords
subject: taxation
  topic: keywords
subject: fiscal policy
  topic: keywords
subject: public finance
  topic: keywords
creator: Sergio Rodrigo Rojas Barrientos
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 29
doi: 10.22395/ojum.v22n47a19

Cyberpolitics and Political Leaders in Peru (2019-2020)
type: item
description: This article aims to determine the main characteristics of cyberpolitics in Peru, through the study of the messages issued by Peruvian political leaders in their official Twitter accounts, applying the methodology of analysis and synthesis of their publications. For this purpose, we worked with 20 political leaders, at the rate of 2 leaders per political party selected as of June 1st, 2019. The selection criterion for the political parties was to have a presence in the Congress of the Republic (9 parties) and have notorious media activity (1 Purple Party). The selection criteria for political leaders were either to be the party’sofficial leader or to have the largest number of followers on their Twitter account. The collection of information ended on June 30, 2020, including the theoretical review of the concepts of cyber politics and political leaders of related research. The study reveals the main characteristics of cyberpolitics in Peru to pursue the goal of maintaining power, use personal and partisan propaganda as the most recurrent theme, being reluctant to political alliances, avoiding direct personal or partisan confrontations and preferring indirect ones.
subject: Artículos
  topic: section
subject: political communication
  topic: keywords
subject: social media
  topic: keywords
subject: political information
  topic: keywords
subject: cyber politics
  topic: keywords
subject: Twitter
  topic: keywords
creator: Cluber Fernando Aliaga-Lodtmann
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 33
doi: 10.22395/ojum.v22n47a18

Transfer of Pension Regime: Duty and Right to Double Advice
type: item
description: This article aims to make known the current situation in Colombia in the face of the declarations of infection of the transfer of the pension scheme based on the lack of application of the duty and right to double counseling, a situation that originated with the issuance of Law 100 of 1993, because with it two pension regimes were created that coexist but are mutually exclusive, and the figure under study was not regulated promptly. To achieve the proposed objective, the legal foundations and the jurisprudential development that the figure of double pension counseling has had in Colombia in the last thirty years will be analyzed, likewise, the affectation that causes the non-application of said duty and right in the affiliates and Potential members of the General Pension System, finally, conclusions are presented.
subject: Artículos
  topic: section
subject: pension
  topic: keywords
subject: social security
  topic: keywords
subject: elderly
  topic: keywords
subject: legal counseling
  topic: keywords
subject: social welfare
  topic: keywords
creator: Adriana Camila Clavijo Tapia
rights: Copyright (c) 2023 Opinión Jurídica
date: 2023-09-06
publication date: 2023-09-06
starting page: 1
ending page: 16
doi: 10.22395/ojum.v22n47a17