Opinión Jurídica DOI: 10.22395/ojum
Opinión Jurídica is a scientific journal created in the year 2000, characterized by the publication of unpublished articles derived from research regarding law and related matters. Since 2020 is a continuous publication with open access, financed by Universidad de Medellín and does not charge its writers for the assessment, editing and publishing processes of academic works.
Opinión Jurídica is a scientific journal created in the year 2000, characterized by the publication of unpublished articles derived from research regarding law and related matters. Since 2020 is a continuous publication with open access, financed by Universidad de Medellín and does not charge its writers for the assessment, editing and publishing processes of academic works.
- Historical Bases of Human and Fundamental Rights and the Need for a Multicultural Conceptionpor Barbara de Farias Betemps da silva el diciembre 21, 2022 a las 12:00 am
The present study focuses on human rights theory and multiculturalism. The general objective is to understand how the conception of multiculturalism has repercussions on an effective universalization of human rights that respects cultural differences between peoples. As a methodology, the proposal is to conduct a literature and documental review through legislative documents and selected theoretical framework. The approach will be hypothetical-deductive. The hypothesis that will be tested is that the conception of multiculturalism is fundamental for a universalization of human rights that respects cultural differences between peoples. Finally, it is concluded that the adoption of human rights as multicultural is a necessary means to make them effective and egalitarian in application worldwide, however, it is important to recognize that we are still far from this ideal.
- Personal Data Management against Identity Theft: Analysis of Cases Filed at the Consumers League from Universidad Pontificia Bolivariana Monteria (2019 - 2021)por Jaclyn Ximena Carrillo Díaz el diciembre 21, 2022 a las 12:00 am
The main objective of this paper is to build a diagnosis of the current state of the local legal reality (Monteria and the department of Cordoba) regarding consumer law (identification of the most urgent and complex problems and the type of solutions they are currently subject to) in order to define lines of work in strategic litigation. Thus, the methodology used was to observe and analyze the repeated consultations to the Consumers League UPB Monteria of users’ victims of impersonation (2019 to 2021), giving rise to this article in which a study is conducted ranging from the conceptual examination of the protection of personal data, the contractual modality used and impersonation, to the analysis of all related rules. The main findings allow identifying situations in which, due to the improper handling of the personal information of the subscribers of a contract that is generally of adhesion, they have been exposed to indiscriminate or improper use by malicious third parties without giving full compliance with the duties of protection and implementation of security protocols by the companies to ensure the proper custody of personal data, which in practice leaves the consumer exposed to various risks regarding the use of their personal information.
- Jurisdiction and Artificial Intelligence: Reflections and some Applications in Brazilian Courtspor Bruno Makowiecky Salles el diciembre 21, 2022 a las 12:00 am
The general objective of the article is to articulate the role of jurisdiction within a contemporary transforming circumstance: artificial intelligence in the field of law, especially in the Brazilian reality. The method used is predominantly inductive, starting from specifics for general formulations. After contextualizing the quantitative crisis in legal systems, the article turns to the study of artificial intelligence, providing important ideas for a preliminary contact with the subject, such as conceptual notes, some applications in Brazilian Courts, other possibilities of its use in the legal sphere and reflections on certain difficulties that it brings to jurisdiction. The conclusions reveal the multiple potentialities of artificial intelligence and the new challenges for legal science.
- After All, Artificial Intelligence is not Intelligent: in a Search for a Comprehensible Neuroscientific Definition of Intelligencepor Sthéfano Divino el diciembre 20, 2022 a las 12:00 am
This paper explores a series of thoughts about the meaning of intelligence in neuroscience and computer science. This work aims to present an understandable definition that fits our contemporary artificial intelligence background. The research methodology of this essay lies in existing theories of artificial intelligence, focused on computer science and neuroscience. I analyze the relationship between intelligence and neuroscience and Hawkin’s Thousand Brains Theory, an approach to show what it is an intelligent agent according to neuroscience. Here, the main result relies on the verification that intelligence is only possible in the neocortex. According to this result, the study performs a second critical analysis aiming to demonstrate why there is no artificial intelligence today.
- The Standardization of Judicial Decisions by Artificial Intelligence: A Critique for the New Science of Lawpor Matheus Boniatti Feksa el diciembre 20, 2022 a las 12:00 am
The standardization of decisions by the informatics of law, aiming at an exact science would result in a science in which progress and transformations would not drive the emergence of new rights or the readjustment of those already established. The present article proposed to examine, by means of a doctrinal-critical analysis, the impacts of the advance of the new automated technique of law, especially considering the configurations of a legal Fordism. We sought to answer what is the possibility of implementing Artificial Intelligence in the civil jurisdictional process and what would be the possible consequences, with regard to the advancement of rights already established and the advent of new rights through jurisdictional provision. The hypothetical-deductive approach was chosen, with the purpose of analyzing the problematic regarding the failures of the Fordist legal science. The monographic and historical methods of procedure were used, together with the bibliographical research technique, for a better analysis of the theme and the basis of the critical-conclusive analysis. Finally, what can be deduced is the need for constant improvement and in-depth studies before the artificial machine, which is not even capable of understanding the basic principles of law as a guarantee of the citizen’s humanity.