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.
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The Restorative Dimension of Sanciones Propias [Own Sanctions] in the Special Jurisdiction for Peace: Positive Special Prevention and Implementation Challenges
The objective of this article is to assess whether sanciones propias (own sanctions) —as interpreted by the Special Jurisdiction for Peace (JEP)— fulfill the purpose of positive special prevention (or prevention through integration); that is, whether they resocialize the individual and restore them to society in a constructive manner. To this end, the nature and functions of sanctions within transitional justice are analyzed. Priority is given to identifying the inherent purposes of these measures, considering their impact on truth, reparation, and non-repetition. The methodology comprises a documentary review. As a result, the study evaluates whether the JEP’s own sanctions promote restorative principles by incorporating elements such as the acknowledgment of responsibility, the redress of harm, and social contribution. Finally, challenges related to their implementation and their acceptance by ex-combatants are identified, concluding that their efficacy depends on a differentiated, verifiable, and sustained execution capable of balancing procedural guarantees, appearers’ (comparecientes) commitments, and public trust.
Copyright (c) 2026 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
The Constitution of the Earth according to Luigi Ferrajoli: An Analysis from Latin American Constitutionalism
The central objective of this research is to assess how Latin American constitutionalism —particularly the Ecuadorian and Bolivian models— has anticipated, in normative practice, by recognizing in its fundamental Charters innovations that the jurist Luigi Ferrajoli proposes theoretically in his work Por una Constitución de la Tierra (2022), such as the rights of nature, legal pluralism, and certain wide-ranging guarantee mechanisms. Methodologically, a qualitative, theoretical-doctrinal approach is developed using the hermeneutic method and the comparative analysis of constitutional and jurisprudential sources. As a result, it is evidenced that Latin America has generated advanced normative responses to global issues, thereby constituting a practical benchmark for contemporary constitutionalism. It is concluded that while Ferrajoli’s proposal is undoubtedly relevant, it must be complemented by a critical reading from the Global South to avoid a Eurocentric view, especially if progress is to be made toward a pluriversal constitutionalism.
Characteristics of Informed Consent in Persons with Cognitive Disabilities
This study aims to determine the characteristics that constitute substitute informed consent in persons with cognitive disabilities (hereinafter, PCD), so that it may be considered valid in the context of medical procedures or research. The methodology employed consists of a doctrinal analysis of judicial precedent, combined with a systematic review of legal norms and sources of law, oriented toward a qualitative approach. This research provides the academic and student community with a conceptual framework for analysing substitute consent in order to ensure, to the greatest extent possible, the fundamental rights of patients with mental illnesses, as well as to foster the development of new knowledge grounded in existing theoretical foundations. The findings indicate that, in accordance with the fundamental guarantees afforded to patients, substitute consent constitutes an exceptional mechanism, and its application requires that the patient exhibit a prevailing impairment of intellectual competencies. In general, every effort should be made to enable the patient to make decisions autonomously.
The Moment of Acquisition of Property Rights: The Particular Status of Pension Rights
This article aims to demonstrate that traditional concepts regarding the moment a property right is acquired —particularly within the realm of pension law, at least in Argentina— have stemmed from profound misconceptions. These have primarily arisen from an inadequate interpretation of jurisprudential criteria that have been incorrectly applied, despite which a valuable current of doctrinal thought has managed to rectify these errors. For this analysis, it was necessary to examine existing doctrinal and jurisprudential criteria, analyze the rules governing the legal system, compare them with the positions of foreign courts, and evaluate the observed behaviors based on the trialist methodology. Throughout this study, it becomes evident how, in particular, higher-ranking principles —such as the principle of progressivity in human rights (especially concerning economic, social, and cultural rights)— and the principle of reasonableness reinforce the position that a pension right is acquired (or at least confers legal protection) before all conditions for its exercise are fulfilled. This encompasses not only the retirement status itself but also the benefit amount that materializes the right in question.
Taxation as an Instrument for Environmental Preservation and Climate Change Control: Some Aspects in Brazil and Spain
This article analyzes taxation as an instrument for environmental preservation and climate change control, focusing on the use of environmental taxation in Brazil, based on a comparative analysis with the experience in Spain. The main objective is to demonstrate that taxation can go beyond its mere revenue-raising function, acting as a mechanism to encourage and discourage economic behavior, especially through environmental selectivity, as well as through the application of the “polluter pays” and “user pays” principles. The methodology adopted is qualitative, of a legal-dogmatic and comparative nature, with a normative, doctrinal, and institutional analysis of the Brazilian and Spanish tax systems, in addition to a critical examination of the environmental tax policies implemented in Spain. It has been concluded that, although environmental selectivity in indirect taxes is a relevant tool, it is insufficient given the specific characteristics of the Brazilian economy, especially in matters concerning natural resource exploitation and export-oriented activities. Therefore, a combined adoption of environmental tax instruments, inspired by Europe’s experience, is advocated as a necessary condition to implement an effective green tax reform in Brazil.
Ethnic Populations Victimized by the Armed Conflict as Epistemic Subjects in Colombia’s Truth Commission
This paper addresses the discussion concerning the role played by the voices of ethnic victims in the implementation processes of Colombia’s Truth Commission within the broader framework of peacebuilding and post-conflict reconstruction following the Peace Agreement signed in 2016. Its national and international impact enabled an institutional transformation, including the establishment of the Comprehensive System of Truth, Justice, Reparation, and Guarantees of Non-Repetition, as well as the consolidation of a legal framework for peace. In this context, the centrality of the imperative of peace became aligned with national decision-making processes while facilitating the inclusion of historically excluded social groups. To this end, a qualitative methodology with a hermeneutic approach was employed, demonstrating that, throughout the implementation of the Truth Commission, the voices of ethnic victims assumed a central role as epistemic subjects, contributing to the reconstruction of memory and to the partial overcoming of long-standing epistemic injustices. Nevertheless, challenges persist, requiring the narrative to remain open in order to advance peacebuilding through contributions to historical memory and truth.
Public-Private Partnerships in the Provision of Public Goods and Services, According to the Categorization of Territorial Entities
This article critically analyzes the implementation of Public-Private Partnerships (PPPs) in Colombia during the 2012–2021 period, aiming to determine how the categorization of territorial entities affects the viability and development of such projects. Utilizing a qualitative methodology and a descriptive research design, the current regulatory framework was examined—with special emphasis on Law 1508 of 2012—and statistics from the Unified Registry of PPPs (RUAPP) were contrasted with regional Gross Domestic Product (GDP) growth rates. The results evidence a marked structural asymmetry: higher-category or special-category territorial entities concentrate the vast majority of initiatives, whereas territories in the lowest tiers exhibit near-zero participation. This gap is attributed both to the technical complexity of project structuring and to the legal requirement of a generalized minimum investment amount—a condition that remains unattainable for entities facing severe budgetary constraints. It is concluded that although PPPs constitute an efficient instrument for the provision of infrastructure and public services, their current regulatory design deepens socioeconomic imbalances among regions. Consequently, a legislative reform that adjusts the minimum investment threshold proportionally to the categorization of territorial entities is imperative to guarantee the constitutional principle of equality and to foster equitable development throughout the national territory.
Third-Generation Human Rights and Public Expenditure in Mexico: An Empirical Analysis from the Perspective of Economic Law
This article examines—over the period from 1996 to 2022 in Mexico—how public expenditure contributes to the protection and promotion of third-generation human rights, such as the right to development, a healthy environment, and peace. Drawing on a quantitative approach based on panel data analysis, the study evaluates the relationship between key economic variables and the effectiveness of state action in guaranteeing human rights in both electoral and non-electoral contexts. The findings indicate that investments in infrastructure and public services increase significantly during electoral periods; however, these increases do not always translate into substantial improvements in economic well-being. The main conclusion highlights the need for public expenditure planning that prioritizes sustainability and equity in order to strengthen the realization of these rights.
Decentralized Arbitration Tribunals and Smart Contracts: A New Horizon for Commercial Arbitration in Colombia
The primary objective of this research is to analyze the recognition of decentralized arbitration as a dispute resolution mechanism for conflicts arising from smart contracts within the Colombian legal system, particularly givedn the absence of a specific regulatory framework that ensures minimum guarantees for its integration. This study was conducted using a qualitative theoretical approach, employing the historical-logical method to examine the evolution of smart contracts and decentralized arbitration. This was supported by the analytical-synthetic method and a selective documentary review to evaluate its applicability in Colombia and to develop a proposal that effectively incorporates these mechanisms into the Colombian context. The findings reveal significant regulatory challenges associated with self-execution, code immutability, and the lack of integration of these mechanisms into the judicial administration system. Consequently, solutions are proposed to align the legal framework with this emerging digital paradigm, offering modern dispute resolution alternatives tailored to the contemporary environment. Finally, it is concluded that Colombian law is undergoing a transformative process in which it is pertinent to adopt regulatory reforms aimed at recognizing and integrating decentralized arbitration as a valid mechanism for resolving disputes arising from smart contracts. This will ensure party protection, legal certainty, and the adaptation of the justice system to new technological paradigms.
The Dilemmas of the Bio-legal Turn and the Commitment to a Vital Phenomenology of Law
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.
Copyright (c) 2025 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
The SDGs: Forgotten in Colombia? The Case of Target 15.2 of the 2030 Agenda, in the Light of Political Ecology (Ecopol)
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.
Legal Interpretation and Epistemic Justice: Hermeneutic Philosophy in the Face of Absences in the Understanding of Law
This paper aims to analyze certain central notions of philosophical hermeneutics through the lens of Hans-Georg Gadamer’s thought, applying them to the legal model. It then reflects on how specific interpretative exclusions configure epistemic injustices within the legal realm, drawing from Miranda Fricker’s framework. Methodologically, the text employs a descriptive and interpretative approach characteristic of philosophical inquiry, conducting a comparative and reflexive examination of both authors’ theories. By intersecting the notions of pre-understanding, prejudice, and injustice, the study establishes the necessity of a hermeneutic postulate of law for the realization of epistemic justice in the legal field.
Neoliberalism and Public Health Crisis: Privatization, Inequality, and a Quest for Efficiency
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.
What did we lose along the way from a provider state to a subsidiary state
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.
Between Restorative Justice and Reconciliation: Theoretical Reflections in Contexts of Political Violence
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.
Zidres in the comprehensive rural reform and its assessment by the Colombian Constitutional Court’s jurisprudence
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.
A Path to Shared Custody in Peru: Unfounded Impositions
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.
protection of children and adolescents’ rights
children’s and adolescents’ best interests
Private International Law (PIL), Legal Industry (LI), and Learning Outcomes (LO) in the Legal Consultant’s Job Market
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.
Copyright (c) 2024 Opinión Jurídica https://creativecommons.org/licenses/by-nc-nd/4.0
Anti-Money Laundering Law and the Legislative Process Behind it: a Study About the Brazilian Legislative Procedures
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.
Catfishing: assuming a false identity on social networking platforms and its legal-criminal consequences
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 account intentionality, which evidences the complexity of the issue and the need for greater legislative and doctrinal attention in the face of new forms of digital interaction.
Fuzzy Sets and Law: A New Formal Paradigm in Legal Syntax
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.
White-collar Crime and Human Rights: An Analysis of Edwin Hardin Sutherland’s Differential Association Theory
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.
Adverse Effects from the Lack of Legislative Regulation on Surrogacy in Colombia
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.
Law and Health: Palliative Care in the Brazilian Health System Facing the Needs of Cancer Patients
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.
Law and Literature 'From the South': Fictional Lawyers in Cortázar
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.
Law and Technology: Rethinking Justice Administration from the Fourth Industry Revolution
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.
State Responsibility in the Argentine Republic. Origin, Evolution and Conflict Regulatory in the Case of Provincial States
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.
Is the Employer Unprotected? The Effectiveness of the Request for Authorization to Dismiss Pregnant Women before the Ministry of Labor
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.
The Importance of Caring for Bonds in the Family System Facing Conflictive Situations
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.
Deconstructing the Protection Against Dismissal of Article 14 bis of the Argentine National Constitution
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.