núm. 18 (2015): revista via iuris 18 (enero - junio)

The nonconformity citizen in the electoral debates in Colombia has become the last two decades in an act of rebellion or democratic apathy when it comes to choosing either uninominally or plurinominal. The rising figures for the white vote or abstain from voting show the visibility of such a political phenomenon. This article analyzes the results that left the election of Congress of the Republic 2014 in Colombia, taking as shown by the department of Boyaca, which discussed the citizen behavior in front of the white vote, vote null and the abstention. A study has been supported in theoretical references submitted by Norberto Bobbio, William H. Flanigan, Roberts King Merton, among others. Methodologically the study is conducted a series of tables that detail the figures of each phenomenon by municipality, selecting five of the thirteen provinces that make up the department, this represents 56 of the 123 locations that are part of this territory.

This article offers a socio-legal panorama of the prevention and treatment of HIV / AIDS in Colombia. After introducing the reader to the subject with a few basic concepts and information about the origins, history and the current situation of HIV / AIDS at the national and international level, and presenting the problem, objectives and methodology of the research, the authors expose the main regulations, jurisprudence and public policies that have faced this social phenomenon of high impact in the country since the early 1980s. Through an archival work, legal and case analysis, and semi-structured interviews, the research team presents the posture of the Colombian state -in its executive, legislative and judicial branches- on the prevention and treatment of HIV / AIDS and the position of national experts on the subject. This text closes with some conclusions and recommendations, among which are found the Colombian state interest to react more effectively to the needs of the general population in prevention, and the needs of the HIV population in treatment and life quality. Also, the structural factors, that are visible, and affect life quality of general population, such as inequality of wealth distribution, the access barriers and the deficient quality of a social security system in health, that is unresponsive to the patient needs, many of them with chronic and high cost diseases.

Latin America and the Caribbean are in the fourth stage of the so-called cooperative multilateralism. Historically speaking, the current period could be considered as one of transition from an asymmetrical international order to another of relatively balanced multipolarity. In this context, Latin America and the Caribbean are consolidating themselves as a center of autonomous power, although internally unequal. This research intends to answer the following questions: Does the region play an increasingly important role in international forums and is it striving for promoting the renovation and democratization of the United Nations system, taking into account the imperatives of its own political identity? Using a mixed methodology, descriptive and critical, based on the revision of literature and data presented in charts, the study aims to quantitatively and qualitatively evaluate the current conditions of the regional multilateralism and its impact on the Security Council reformation process. In the consolidation of such new international order, to attain a higher global representation is the irrepressible tendency of a continent which demands acknowledgment as a political center with active voice in the context of international governance processes.

This working paper shows how Colombian people defined Democracy as a way of Government during the first decade of the current century, following the types proposed by Michael Coppedge. To achieve this purpose, data from Latinobarometer available in its web site were selected. First, the following pages expose the reviewed different types of Democracy presented by Coppedge, to identify its different meanings as self-government. Second, the answers given by Latinobarometer respondents were selected, according to the types and criteria mentioned in the first part. Then, these data were analyzed to recognize the factors that have more influence in the way Colombians constructed its Democracy notions. Results were analyzed using Pearson Correlation and tools given by basic descriptive stats. Finally provisory conclusions are described taking into account data analyzed, the pertinence of the conceptual framework, and possible perspectives of analysis in the future.

Many national legal orders have designed systems of protection of rights for its citizens; however, in many cases these are not sufficient, being the Conventionality Control an essential mechanism for the protection of Human Rights. Unfortunately, this tool lacks specific procedures that can achieve its effects on time to fulfill its objective of guarantee and protection. This article is the result of a research which reflects the need to implement and develop normativity and clear strategies, able to take Conventionality Control to produce practical effects, not just paper statements. likely to perpetuate the breach or deny the respective claims arising from violations of human rights by the Member States of the American Convention on Human Rights. The observations above are the result of case studies in Chile, Colombia, and Mexico, which have been chosen given the manifestations of the Conventionality Control in their legal systems. Human Rights as an innate condition of a person should be flag of the acting of each State, and when these fail there must be another mechanism -hierarchically higher than domestic laws- that permits their effective protection and guarantee.

This paper focuses on the necessity of showing in a critical and thoughtful way the development of the Law to Social Housing Rights in Colombia, from Law´s Perspective to social Security, revising its regulations, background and general principles in order to answer the question which has been brought up. ¿What has been Social Security´s function, compare to satisfaction in terms of its reach and validity of the right to social housing in Colombia? To provide an answer to the question previously asked, the Hermeneutics method is used. It helps to obtain a clear interpretation, which at the same time provides a better understanding, to show the impact of the right to Social Security in the Development of Social Housing policy in Colombia through the study and the description of the current legislation with the aim to determine its validity and reach. Likewise, identifying the mechanisms that legislation has to satisfy basic needs such as the subject that concern us, and finally to lay out the positive and negative aspects given by the application of that system in the protection of the right to housing.

Their journey in the present investigation seeks to determine the power steering which the employer has to run the business, should not be exercised absolute and disproportionate, since in terms of technological any disproportionate control is effected by the owner of the company, may affect both labor rights as nonspecific constitutional rights of workers, the latter being even higher than agreed or established within their own contract. So, shall be determined in the present study that any violation of the right of access to information within the company; control of the personal and intimate information workers, as well as inspection of corporate mail (even mail the company assigned to the employee) may affect the rights to privacy and dignity of the worker, and collateral damage other rights such as equality and non-discrimination work.

The current text wants to solve the question: ¿how the protection of freedom is presented through criminal law in abstract right? The question is being addressed, using as the main theoretical referral to G. W. F. Hegel´s and his book called “Fundamentals of the Philosophy of Right” and utilizing hegelian dialectics as the method for research and understanding purposes. The text concludes that ensuring the realization of freedom is the purpose of abstract right, and that for this is necessary to turn to coercion represented in criminal law, which implies accessing a vision of Retributive Justice, that intends to legally punish someone who, through crime, denies a “free and universal will” in a violent way, making that through the penalty, “free will” be denied to the criminal. From these ideas, the text concludes that punishment´s measure and compensation lead to the appearance of a right of disciplinary nature that restores the violated rights. It also concludes, that the influence of Hegelian thought in criminal contemporary law is evident, specifically in the Theory of Objective Attribution.

This article seeks to explain how the judicial decisions handed down against public bodies in the contentious jurisdiction are subject to the availability of resources according to planned by the Government and approved by the Congress budget available under the tax rule. The text analyze: 1) The State’s obligations arising from the judgment against him when the liability established in the control means contractual disputes. 2) The consequences of default by the State in compliance with the court ruling that sentenced him to pay the pecuniary and / or moral.