Revistas ICDP

THE EXECUTION PROCEDURE: SPECIAL CONSIDERATION TO THE ARBITRAL AWARD

2024-03-19T23:36:12+00:00

Nowadays, societies have judicialized all social relations and, increasingly, they submit conflicts to judicial bodies so that an impartial third party can impose a solution to the dispute and, if necessary, enforce the resolution, even using the outside world, if necessary.

Nevertheless, this greater litigiousness, supposes that the Administrations and Justice suffer a collapse that does not allow to give answer to the pretensions requested by the citizens in a due time. All this is reason enough to look for formulas that allow to speed up the judicial response to the conflicts raised by the citizens.

There are complementary and alternative formulas to the Administration of Justice to resolve conflicts. However, the State, in the hands of the judicial bodies, is the only one that has the empire that confers it the coercive force to enforce what has been resolved and that the essential content of the right to effective judicial protection, of which all human beings are holders, can be fulfilled.

In this article I have focused on studying the institution of arbitration as an alternative formula for conflict resolution where an impartial third party imposes the solution of the conflict. This situation can be understood as a relief from the clogging up of the Courts and Tribunals. However, the powers of the arbitrators are exhausted with the resolution of the claims. Thus, in the event that the parties do not comply with the resolution of the arbitration award, the judicial bodies must be called upon to precede the execution of the resolution in a coercive manner.

The following pages are devoted to a study of the procedural requirements and the most relevant aspects of this procedure for the enforcement of the arbitral award.

LA PRUEBA EN EL PROCESO DE RESPONSABILIDAD CIVIL EXTRACONTRACTUAL CON ORIGEN EN UN DAÑO AMBIENTAL

2024-03-19T23:53:12+00:00

This paper refers to the most relevant evidentiary aspects that must be accredited by those who have suffered individual damage originating from pure environmental damage and make their claim in the civil judge. Three evidentiary challenges are faced, such as: i) proving the individual damage or loss; ii) demonstrate the causal link between the action or omission of the defendant and the damage and iii) the standard of proof sufficient to obtain compensation for damages. Each one of these topics supposes for the actor a set of theoretical-practical problems that will be exposed through a review of cases decided by the national courts, of central concepts of the evidentiary law and the regulations applicable in Colombia with the purpose of making some propositions.

REFORMANDO LA GESTIÓN PÚBLICA CON LA APLICACIÓN DE LA INTELIGENCIA ARTIFICIAL

2024-03-20T00:01:27+00:00

The object of study, in this case, will be focused on understanding technology and its relationship with society, which was projected through a CONPES document in 2019 that opens the way to face reality in a country where technology does not reach everyone. the corners and the waiting time to carry out a procedure is too long compared to our neighbors, and for this reason it is valid to ask how to use AI, as a help tool, to reduce the waiting time in the daily procedures of citizens? As a thesis, it is outlined that there is an anti-formalist reading, which makes visible a conflict of interest between the administration and the administered. The above to conclude that with the help of artificial intelligence in turn with algorithms we can accelerate changes to people who wear out in terms of time with automated tools.

INTERPRETACIÓN PROCESAL Y VALORACIÓN PROBATORIA EN LOS CASOS DE VIOLENCIA CONTRA LA MUJER EN LAS TUTELAS CONTRA PROVIDENCIAS JUDICIALES

2024-03-20T00:06:25+00:00

This document examines the stance of the Constitutional Court regarding the admissibility of writs of protection against judicial rulings in cases of violence against women. The study focuses on the assessment carried out by judges regarding the facts and evidence, emphasizing the complexity of this analysis and the need to respect constitutional rights. It highlights the initial tendency of judges to overlook the impact of regulations on the protection of women's rights, due to approaches based on impartiality and generality that do not consider the asymmetrical relationships in gender-based violence.

The research is conducted under a methodology of dynamic analysis of the jurisprudence of the Colombian Constitutional Court, addressing the specific grounds for admissibility of writs of protection against judicial rulings and the duty to interpret norms from a gender perspective. As a conclusion of the study, it is determined that the precedent established by the Colombian Constitutional Court since 2014 upholds the obligation of judges to apply a gender perspective in their judicial decisions, under penalty of incurring in specific grounds for admissibility of writs of protection against judicial rulings. In this regard, the importance of ensuring due process and the protection of victims of domestic violence is emphasized, with judicial officials serving as guarantors of these rights.

PRINCIPLE OF DUE DILIGENCE IN COLOMBIAN JUDICIAL PROCESSES

2024-03-20T00:22:27+00:00

The purpose of this paper is to analyze the figure of due diligence and its character as an inter-American principle and standard with respect to the legal context of the American Convention on Human Rights in the Colombian State. That is why it starts from understanding that the figure has a special doctrinal and jurisprudential development, to the extent that it is the Inter-American Court itself that has been in charge of giving structure to the figure in a special way. This allowed the main result to be understood that although due diligence had a special application – in crimes and violence against women according to the Belém do Pará convention itself – this could become due to the same interpretation of the Convention American as a general precept of the same international law and can be applied as a guarantee of all judicial processes in the Colombian State. Therefore, it was concluded that the double character of due diligence works as a principle in what respects due legal process and as a standard in what respects human rights.

ALTERNATIVE DISPUTE RESOLUTION IN GERMAN AND EUROPEAN LAW

2024-03-20T00:15:48+00:00

The field of alternative resolution of private disputes is nowadays not only in Germany, but also in the whole European Union a very topical issue. This article first explains which traditional and new types of alternative dispute resolution (ADR) exist in German and European law. Next, the article – with a focus on Germany – critically examines the question of whether there is a legal framework and a real need for the new forms of alternative dispute resolution introduced at European and national level alongside the traditional forms. This will also take into account that alternative dispute resolution may come into conflict with the so-called judicial fundamental rights of the Basic Law (Grundgesetz), the German constitution.

ANALYSIS AND INTEGRATION OF ELECTRONIC EVIDENCE IN THE COLOMBIAN REGULATORY CONTEXT

2024-03-20T00:28:21+00:00

The rapid evolution of technology has driven the need to adapt legal regulations to address the challenges posed by electronic evidence in the judicial system. Therefore, through a detailed review of legislation, case law, and best practices in Colombia, it is essential to examine how electronic evidence has been developed and applied in the country. Additionally, the regulations and approaches in other relevant legal systems, such as Argentina, Mexico, Spain, and the United States, can be compared in the process, enabling the identification of similarities, differences, and lessons learned.

Key challenges associated with the integration of electronic evidence within the Colombian legal framework, such as authenticity, admissibility, privacy, and security of digital evidence, will be analyzed. The proposed solutions and best practices adopted in other legal systems to address these challenges will be explored, with a focus on their applicability within the Colombian context.

PRESERVATION OF THE PRINCIPLE OF IMMEDIACY IN VIRTUALITY

2024-03-20T00:37:12+00:00

The purpose of this research article is to analyze the preservation of the principle of immediacy in the virtual scenarios generated in the new digital era with a legal-doctrinal approach that allows to understand how this principle has intruded in criminal proceedings, being the immediacy the subject of debate. On the other hand, it will be examined how immediacy has been adapted in the new digital era, thus creating a guarantee of efficiency in criminal proceedings.