núm. 25 (2006)

 Since the nineties decade Latin America saw important transformations of the judicial system, accompanied of a strengthening of the state of right. Since more than a lustrum this subject has been object of analysis by social investigators, nevertheless many of this investigations have forgotten the historic and politic background of these reforms. From a geographic analysis that allows to establish a comparative regional frame, and retaking the historic background that since the sixties were presented around the juridical systems, the article presents the main changes in the judicial reform in Colombia and Latin America.

 In this article is supported that the unconstitutionality of the state of right in Latin America had gotten formal advances but it doesn’t allow clear advances in equality matter. On the contrary, in some topics like justice access, the regulation of the economy, the state of right had converted in an exclusion factor instead of social integration. This role performed by juridical institutions is understood if it is taken into account that these institutions can’t be considered at the side of inequality relationships and exclusion that characterize the Latin American societies.

In March of 2006 the French parliament approved the “law for equal opportunities”, In it was established a new labor contract for young people or first job contract that granted prerogatives to employers in detriment of labor conditions of people between 16 and 25 years old. This law was rejected by the university students and by labor unions that immediately started a series of riots in al the republic. The article analyzes the controverted law from the labor right in France and the globalization process.

The excessive payment of pensions in charge of the state that are benefited to limited sector of society, provoked a worrying fiscal crisis. In face to this situation the President Alvaro Uribe’s government decided to impel a reformatory act of the constitution that in the future would guarantee the financial sustaining, the elimination of special regulations, and the minimum and maximum limit of pensive amount, among other subjects. From a juridical and social analysis the article approaches to the legislative act 01 of July 22 of 2005 that transformed the General System of pension and that has as purpose to get the stability of the pension regime.

From the thomist perspective is criticized the recent labor legislation of Colombia that tends, because of the globalization, to a flexibility of the labor relationship in such a way that this is transferred gradually from the ambit of social law to private law.

The article analyzes how the implementing of the free market economic model had provoked the rupture with the social justice proposal and with the economic, social and cultural rights that are present in the 1991 Colombian Constitution. The rupture of the social state causes a grater unbalance in the society and brings as a consequence, the deterioration of the social rights gotten by workers along the XX century.

 The article makes an analysis about our sociopolitical reality and the needs of access to justice of the less favored social classes, sector that struggles to get a promptly and real justice. In this reflection the author picks up the National program of Justice Houses, public policy created by decree 1477 of 2000, in order to facilitate to the less income communities the access to Justice. This is related with the specific necessities of the ethnic population, the homeless people, the elders and the displaced people.

 The offense of non alimentary assistance is considered between the second and the third more committed in Colombia, according with the government statistics. Nevertheless is an offense not much analyzed at least in depth, despite the frequency. The investigation that is performed nowadays begins from an analysis of the assumptions of objective and subjective imputation, concluding it is an offense of hard structuralization with complex kind and rule requirements. When the criminal judgments on the subjects are analyzed we find that it doesn’t exist coincidence between the structural foundation ordered by the legislator and the valuated by the judges when they indict or sentence about the non alimentary assistance offense.

El desarrollo teórico del derecho Internacional está estrechamente vinculado a la configuración de los nacientes Estados Nacionales en una Europa que en el siglo XVII se impone ante nuevos mun- dos, bajo el principio de la soberanía absoluta del Estado Nación, consolidando un orden jurídi- co regulador de las relaciones internacionales derivado del único actor reconocido, el Estado. Esta mirada se refleja en afirmaciones impregna- das de dogmatismo, como aquella que encon- tramos referenciada en diversas obras de dere- cho Internacional como la de Anzilotti, que seña- la, a comienzos de siglo XX: “es inconcebible que existan sujetos de derechos y deberes interna- cionales distintos de los Estados”1.La visión estadocéntrica se fue debilitando paula- tinamente ante los efectos de las guerras mun- diales, el dinamismo alcanzado por la diversidad de organismos internacionales gestados al inte- rior de las Naciones Unidas, y la injerencia cada vez más acentuada en las relaciones y política internacionales de organizaciones no guberna- mentales, que hoy son reconocidas también como actores y sujetos de derecho internacional, todo lo cual incidió poderosamente en la evolu- ción del derecho Internacional.

 The investigators of the Raimundo de Peñafort Group propose to divulge the partial results of the first two specific objectives planned at the beginning of the investigation, that are: compilation, interpretation and analysis of the primary and secondary sources of Thomist and contemporary philosophy. According with this purpose they make a short presentation of the selection criteria for the compilation of sources and the methodology applied for the analysis of these works. To conclude this advance they select some of the relevant conclusions gotten up to this moment, and these conclusions serve as hypothesis of work for the dialogue of the thomasian and thomist philosophy of the law with the philosophy and theory of the contemporary law.