Revista de la Facultad de Derecho y Ciencias Políticas ISSN: 0120-3886| ISSN-e: 2390-0016 | DOI: 10.18566/rfdcp
The Revista de la Facultad de Derecho y Ciencias Políticas is a scientific publication of the law program of the School of Law and Political Sciences of the Universidad Pontificia Bolivariana, Medellin – Colombia. The journal presents results of research processes and some reflections of the political environment, in order to allow readers to have new interpretative perspectives. Revista de la facultad de derecho y ciencias políticas is aimed to academic and research communities of law in order to discuss and debate on legal issues, which concern the national and international communities.
Publindex -Colombia category C
- Access and equality in the admissions system at the undergraduate program level at the Universidad Surcolombiana in the light of Sentence T-441-1997por Natalia Rozo Vanegas el enero 10, 2023 a las 12:00 am
Sentence T-144-1997 stablishes the concept of “Inequality of origin” and allows universities, under the university autonomy principle, the creation of special quotas in their admission systems for people from marginalized areas which, due to their condition, cannot submit under equal conditions the admission test to higher education programs. Through an analytical- descriptive approach supported by a mixed method, the admission system at the undergraduate program level at the Universidad Surcolombiana was analyzed from the following factors: official or private nature of the secondary education, and the socioeconomic stratum of the admitted applicants; elements that affect the configuration of the marginalized zones. All this in order to determine if there are inequality gaps in the admissions system with regards to the community that is in higher state abandonment. The study finds that the admission of applicants from public schools and low stratum predominates. It is only in certain undergraduate programs where there is a leveling and incipient numerical dominance of those admitted from private institutions over those from public institutions. Also, it shows the ineffectiveness of socioeconomic stratification to demonstrate the economic capacity of those admitted.
- 21st Leadership stylespor Carlos Villace Fernandez el enero 10, 2023 a las 12:00 am
The 21st century led to a new concept of leadership as the result of new political, economic, social and cultural scenarios, and one of the most relevant factors is the globalized environment to which organizations and institutions are involved. In this stage new leadership, networking, charismatic, changing, and global requirements of organizations and institutions are addressed.
- Termination of contract for workers in disability status: criteria to be consideredpor Blanca Mary Molina Rivero el enero 10, 2023 a las 12:00 am
According to the Colombian legal system, workers who are vulnerable for health reasons are covered by constitutional jurisdiction of enhanced labor stability, therefore, in order to terminate the contract, the employer requires prior authorization from the Ministry of Labor, arguing for the existence of a fair cause and legal cause, or demonstrating that their disability status makes it impossible to reintegration, therefore, that body issued internal circular No. 049 of 2019 laying down the guidelines to be followed by the labor inspector in order to issue such authorization; which is why, applying the analytical method with a theoretical – practical approach, this article is aimed at establishing whether the guidelines of the Ministry of Labor set out in that circular are adjusted or contrasted to the criteria established on the subject in the Constitution, the Law, and the Jurisprudence issued between 2008 and 2020, and as a conclusion a proposal for a procedure for the effective termination of the employment relationship is proposed.
- Dissemination of audiovisual material with sexual content without consent: of digital violence in Mexicopor Willian Fredy Palta Velasco el enero 10, 2023 a las 12:00 am
Technological development has allowed to individuals the transmission of audiovisual content, generating in today's societies a new form of sexual intimacy. As every sexual act is susceptible to being violated, this is how the behavior of sharing these images and sexual videos without authorization through social networks is born. The main problem is that in Colombia victims do not have an effective instrument for their perpetrators to respond to justice, this is how this research sought for legislations that have addressed this problem to see how they dealt with it. In this article, a study will be made of how the states of the Republic of Mexico have classified and constructed the crime of dissemination of audiovisual material with sexual content without consent, extracting, as well as determining, the protected legal right, the governing verbs, the ingredients, as well as aggravating circumstances and penalties.
- The marital partnership as a legal fiction and the risk of a random betpor Olga Cecilia Lopera Bonilla el enero 10, 2023 a las 12:00 am
The marital partnership is an element of the of the marriage contract nature, that remains latent and suspended in time to be established only at the time of its own dissolution or the dissolution of the marriage. In the latter case, those who were married cease to be spouses, recover the civil status of being single and although they never or few times, were be able to share the administration of the assets and debts than they acquired during the marriage, the Law establishes the fiction of a "private partnership" among them, called conjugal. Once the process of liquidation, partition and adjudication of the assets of this has begun, the creditors of one of them can collect jointly and severally from any of the partners, in this way they freely choose which of them must pay the obligation or debt, even if he/she wasn't the one who acquired it. The foregoing implies a series of "random bets" in which the result of the financial, ethical and economic behavior of the spouses together or separately, will determine the balance of profits and losses that will ultimately impact their personal assets, leaving them in the same, better or worse economic conditions than at the time of signing the marriage contract.