Vol 18, No 37 (2019): July-december

The introduction of water governance to the Colombian ordering and the high sociological potential for conflict are the foundation of those analyses which links nature with human rights. From a dogmatic-descriptive and analytical research perspective, this articles proposes a link between water governance with human rights via the integration of a series of law standards linked to the Escazú Agreement and the human right to water, Among the findings, the research identified: a deficient ruling of participation and information access, a lack of knowledge from the public, some limitation on deliberation and demotivation for agreements, as well as a lack of effective integration of groups in vulnerable condition. The objectives of governance of water materialized in the basin councils, are related to integrated law standards and the research findings.

This article pretends to explain, from economic regulation, the risks of vertically integrated companies in the electricity market and the importanceof the separation of activities. Parting from diverse regulatory techniques offering, both from doctrine and comparative models, particularly in the European Union and Spain, and advancement in the Chilean electricity sector is recommended towards a functional separation of activities.

This research inquires on the planning principle on state contracts for public works. Different laws such as the 80th from 1993 and 1150th of 2007 rule about this principle from which management doctrine and legal rules derive the requirements for state contracts. For the inquire a qualitative method is used and descriptive analysis is supported on law hermeneutics. The recent ruling from the Council of State considers the planning principle as essential for state contracts. If not present, the absolute nullity of the contract is stated, controverted in dissenting opinion and resolution of writs for protection of fundamental rights, considering that the causes for nullity are taxative and does not come from law interpretation. This paper concludes that this principle-duty is of the most importance for its capacity for controlling contracting and stopping corruption. A normative modification is proposed as well as a previous divulgation of the planning components for guaranteeing the compliance with the normative without discouraging private sector activity.

Despite its advancements, the Statute of the Child and Adolescent in Brazil left wide discretionary spaces in the scope of the so-called criminal act investigation procedure. In the last years, no law reform of the statute has been achieved in the matter of the treatment of the teenager accused of a crime. Such a reform, far from solving the central matter of the absence of material fundamental rights for the adolescent selected by the justice of infants and youths - that mimics the penal justice, would at least propitiate a formal equanimity of the adolescents in comparison to the adult. This article’s main goal is highlighting the Brazilian experience as well as to present and debate proposals for the Statute of the Child and Adolescent reforms.

In Colombia, the social responsibility of the employer (SRE) has had a slow development; most of the employers lack the collective consciousness that would allow them to understand their role in society, as well as the fundamental labor they perform by generating job positions, especially for those people with disabilities or diverse functionalities. The Constitutional Court has pointed out that the role of enterprises and freedom for competence must be contrasted with the social function in the framework of a Social State based on the Rule of Law. This article’s main goal is reviewing the role of the employers in a world that debates around globalization, strengthening of regional blocks and new nationalism; which generates diverse manners of work, workers and contract modalities, while also widens the traditional concepts in the work framework, where the true role of the entrepreneur changes towards the inclusion of people with disabilities.

This article’s main goal is displaying the existence of three political theories that might be used for justifying the professional fellowship of lawyers; the corporatism, the pluralism, the  republicanism. The political theory adopted will determine the conception of the functions that the lawyer’s fellowships perform in its relationship with the State. This work specifically focuses on showing that the fellowship functions as a limit for institutional violence when the adopted paradigm is a republican one.

This article identifies the intervention of the Colombian State in the conformation of the cinematographic sector and explains the use of the fund account as an instrument for the management of resources for the development of fomenting and promoting this and other administrative sectors. Through a study of law sources and a qualitative approach via interviews to public officials and other agents of the sector, this research performs an initial outline of the fund account as an atypical instrument for the management of public resources that functions around a decentralized and collaborative framework. The main conclusion of this work criticizes the scope of the possibilities for determination and creation of the Colombian lawmaker of the fund accounts as tools for State intervention to the extent that the decision for opting for this kind of instruments lacks clear factual and normative limits in the Colombian law system. This situation opposes with what happens in another type of intervention systems, typically mapped for the Colombian public law.

Nowadays the Fundamental Human Rights are the core of the legal systems and democratic constitutions, as well as the legal, political and social discourse used in the resolution of national or international conflicts. The human person is a value that must be protected by the internal legal ordering of Stated, furthermore, it is a value the deserves special legal protection on the international scale. Thus, this article is the result of documental and bibliographical research in which the historical-dialectical model is applied for stating that there is no difference between the expressions “human rights and “fundamental rights”. Distinguishing these two categories is useless for expressing the circumscription of the territorial space and unjustifiable in the context of a globalized world and the perspective of plural constitutionalism.

This article presents an academic approach to the fundamental notions of the conventionality control performed by the Inter-American Court of Human Rights. It is established, as well, a series of relevant cases in matters of protection of victims rights. Additionally, a lawmaking relation on the criteria used by the Colombian Constitutional Court in matters of transitional justice.

The objective of this text is to map out and articulate the main historiographical passages and theoretical reflections in which Antonio Gramsci addresses political violence, especially in his Prison Notebooks (1929-1935), as well as paying attention to his pre-prison texts. The hypothesis developed is that said passages, gathered and articulated theoretically, serve to demonstrate the existence of a Gramscian method for analyzing the subject. Theoretical analysis of Gramsci’s texts, situated within their historical context, leads us, through Gramsci’s own prison sentence, to the practical analysis of “popular arditismo” as a political organization of subaltern groups which hold important value in discussions of possible forms of resistance outside of the institutions that existed at the moment, as well as a discussion of the relevance of those types of resistance for social emancipation and for the autonomous development of said groups.

Apparently, there is not a clear beginning, but by making a recount of the facts is evident that there are linked constants in the Middle East wars. It has been noted an ideological struggle, combined with a struggle related to the physical space and hydrocarbons control. The problem has two arrises: the ideological hermeticism of the Muslim nations and, on the other hand, the economic and geopolitical interest of western powers embodied in the Israeli nation.

The main purpose of this paper is to analyze the legal regulation of the Brazilian capital market, through literature research and assessment of documents and data, with focus on the revision of the regulatory instrument known as consent decree (settlement). A total number of 405 terms were approved by the Brazilian Securities and Exchange Commission (CVM) between 2009 and 2014, characterizing a wide use of such regulatory instrument. The present analysis concluded that, although the settlement is considered an important mechanism in the context of capital market regulation, its excessive use constitutes a distortion of both its purposes and of the foundations of normative discipline of the market, and even of the set of functions assigned to the CVM.