REVISTA REPUBLICANA最新文献

{"title":"LA NORMA SUSTANCIAL CODIFICADA EN LA EDUCACIÓN DE LOS ABOGADOS DEL SIGLO XXI Y EL IMPERATIVO DE LOS ODS","authors":"Diana María Ramírez Carvajal, Débora Guerra Moreno, Vanessa Franco Ramírez","doi":"10.21017/rev.repub.2022.v32.a121","DOIUrl":"https://doi.org/10.21017/rev.repub.2022.v32.a121","url":null,"abstract":"The correct application of the law depends to a large extent on a good legal education, which must be reformulated around the new dimensions of global justice and the ODS, unmasking the emotional and ideological veils, inherited from the codifications of the 19th century. This article highlights the importance of untying the history of legal education, strengthening the study of the process and the evidence for the judicial justice of the 21st century, which must revolve around the 2030 Agenda. Strengthening procedural guarantees, deepening argumentation, epistemology, logic and philosophy, will lead the lawyer of the future to work for a healthy coexistence and a more just world.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49600308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EL CONTROL FISCAL AL PRESUPUESTO PARTICIPATIVO DE MEDELLÍN. UN ABORDAJE DESDE LOS MODELOS DE ADMINISTRACIÓN PÚBLICA","authors":"María Helena Franco Vargas, Julián Ramírez Trujillo","doi":"10.21017/rev.repub.2022.v32.a122","DOIUrl":"https://doi.org/10.21017/rev.repub.2022.v32.a122","url":null,"abstract":"This paper explains how fiscal control operated on the participatory budget operated in Medellín, during the 2014-2018 period, under the vision of public administration models. Punctually, this text investigates the criteria followed by the General Comptroller of Medellín to carry out discretionary fiscal control of projects implemented through the Participatory Budget of Medellín. To achieve the above, a qualitative research was carried out; this research involved the use of different strategies. The findings show that fiscal control, activated by the entities of citizen control and the Medellín Council, demonstrate the coordinated work of different actors. But, on the other hand, the discretionary fiscal control exercised by the Comptroller’s Office does not respond to the guidelines of the law, typical of a bureaucratic legalistic model, which makes the selection procedure for such projects arbitrary and diffuse. It is observed that the current institutional design favors this situation.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45936368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EL PANAL JURÍDICO Y POLÍTICO DE LAS ABEJAS","authors":"Luis Germán Ortega Ruíz","doi":"10.21017/rev.repub.2022.v32.a124","DOIUrl":"https://doi.org/10.21017/rev.repub.2022.v32.a124","url":null,"abstract":"The legal and political activity around bees has become one of the environmental issues that has been included in the agenda of the States in search of their conservation. For this reason, this research analyzes the legal and political regulations on bees considering a normative and jurisprudential analysis, posing as a legal question: What is the legal and political development that protects the protection of bees as State and Government policies in different legal systems? This question is approached through a qualitative analysis of the legal norms of different legal systems in conjunction with judicial pronouncements.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46436146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EL DERECHO NATURAL EN LA CONSTITUCIÓN POLÍTICA DE COLOMBIA, UNA VISIÓN DESDE LOS POSTULADOS DE JAVIER HERVADA","authors":"Jorge Luis Restrepo Pimienta, Diego Enrique Cruz Mahecha, Roberto de Jesús Fonseca Deluque","doi":"10.21017/rev.repub.2022.v32.a125","DOIUrl":"https://doi.org/10.21017/rev.repub.2022.v32.a125","url":null,"abstract":"The thematic plurality and the prolixity of the texts and acknowledgments that are integrated into the Political Constitution of Colombia of 1991 allow it to be studied and considered from different perspectives and criteria, both doctrinal and argumentative. On this occasion, we will proceed to demarcate those features of the constitutional text that allow us to highlight its correlation with the postulates that, regarding the theory of natural law, Javier Hervada has established. To achieve this objective, the criteria of a dialogical methodology will be used, through which it is possible to establish a kind of conversation between the constitutional texts and the postulates that Hervada expresses, which are typical of the so-called natural law. The method used in this research does not deviate from the methodology that will be used, since it corresponds to the dialogical criteria between texts, which will allow the construction of conceptual reasoning that denotes the conceptual identity between the Constitutional Charter and the principles of law. natural, expressed in the work of Hervada. With this paper we intend to address a conceptual problem that demands that the relationship of the criteria of a conceptual aspect of Law, such as Natural Law, be clarified from a theoretical perspective, with an apparently neutral text, in terms of what that it refers to its ideological source, such as the Political Constitution of Colombia, which in its practical development, and more in the evolution, which the judiciary has given it, has been valued from the criteria of legal positivism, of legal realism, and even from the orbit of ius-naturalism.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48014367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MEDIOS DE COMUNICACIÓN Y PROCESOS JUDICIALES: UNA MIRADA DESDE LA JURISPRUDENCIA CONSTITUCIONAL","authors":"J. Carvajal","doi":"10.21017/rev.repub.2021.v31.a111","DOIUrl":"https://doi.org/10.21017/rev.repub.2021.v31.a111","url":null,"abstract":"This text aims to set the limits on parallel trials by Colombian law. This article answers the following research. What constitutional limits exist between the right to freedom of expression of the media, in the case of media coverage of judicial processes and parallel trials?. All through a qualitative research method based on a documentary research design the at gives an account of the current state of the discussion.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44363799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CRISIS O COMPLEJIDAD DEL SISTEMA DE FUENTES DEL DERECHO EN COLOMBIA: PROBLEMAS Y DESAFÍOS DEL DERECHO SUSTANCIAL Y PROCESAL JURISPRUDENCIA","authors":"D. Yáñez, Liliana Pabón, C. Colmenares","doi":"10.21017/rev.repub.2021.v31.a114","DOIUrl":"https://doi.org/10.21017/rev.repub.2021.v31.a114","url":null,"abstract":"The legal system in Colombia and its issue to be enforceable for any person, it may be known from a context of crisis or complexity, all about the various typologies of sources that mainly work according to case law, where they are constantly in tension, in addition to their concretion of that interaction, among others, the right to equal protection and the principles of legal certainty and predictability of law, all of them are the basis for any well-organized society that can be declared constitutionally as a rule of law. Therefore, this research aims to the characterization and systematization of law from case law that is created from sub-rules that define substantive and procedural contents for any issue according to the case study, all of those situations have shown the current crisis status and the complexity in the legal system and their effect to produce the final aim of this research composed by three parts (part I, part II and part III), all according to the term that we have named general clause of the sources of law in Colombia.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44982649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LAS TEORÍAS DE LA COMPETITIVIDAD: UNA SÍNTESI","authors":"Pedro Nel, W. Jiménez, J. Buitrago","doi":"10.21017/rev.repub.2021.v31.a110","DOIUrl":"https://doi.org/10.21017/rev.repub.2021.v31.a110","url":null,"abstract":"Competitiveness is a concern for all economic agents and even for an entire society due to its relationship with economic development, increased production, and employment. The paper offers an overview of the main theories from the comparative advantage to the theories of competitive advantage and the new theories of competitiveness and international trade. The qualitative/ quantitative method was used with a documentary analysis technique from secondary sources of information. It concludes that constant returns and perfect competition determine competitiveness in traditional theories, whereas increasing returns and imperfect competition characterize competitiveness in the new approaches.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46512337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ASCENSO DE LA ULTRADERECHA EN LATINOAMÉRICA: ARGENTINA, BRASIL Y CHILE EN PERSPECTIVA COMPARADA","authors":"R. Guerra, Reynell Badillo","doi":"10.21017/rev.repub.2021.v31.a112","DOIUrl":"https://doi.org/10.21017/rev.repub.2021.v31.a112","url":null,"abstract":"Even though in Argentina, Brazil and Chile, after a left ́s predominance in the executive, right-wing politicians were elected in the most recent elections, in Brazil this turn brought to power Jair Bolsonaro, a politician close to the far- right. What explains this result in the Brazilian case? The authors conclude that, although in all three cases there is evidence of a crisis of democratic values, in Brazil there is also a deep decline in support for the political system and a rejection of traditional political parties. In this sense, Bolsonaro does not represent an ideological change among the population. It is, rather, a response against the system, not a transit in the value system.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47656228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ANÁLISIS DE LAS PARTES, APODERADOS Y LÍMITES DE LA AGENCIA OFICIOSA EN LA CONCILIACIÓN EXTRAJUDICIAL EN COLOMBI","authors":"Abel Meza, M. Arrieta, L. Carrasquilla","doi":"10.21017/rev.repub.2021.v31.a113","DOIUrl":"https://doi.org/10.21017/rev.repub.2021.v31.a113","url":null,"abstract":"The Political Constitution of 1991 in its article 116 states that individuals could be endowed with jurisdiction to perform as arbitrators and conciliators, despite the fact that this endowment was limited to certain aspects of time and power held by Colombian judges. In this sense, it shows how the conciliator in the exercise of his jurisdiction may examine how the parties appear and whether they are entitled to dispose of the disputed right. The purpose of this paper is to determine, through the methodology of documentary review, bibliography and critical analysis if the officious intermeddler can meet the requirements to represent a party at the settlement hearing. The study concludes that due to the absence of legal attribution and by virtue of the legal nature of the officious intermeddler, this one cannot be considered as a party in the extrajudicial conciliation.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43287019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"GESTIÓN Y PRÁCTICAS DE LA RESPONSABILIDAD SOCIAL CORPORATIVA EN AMÉRICA LATINA DURANTE LA PANDEMIA DEL COVID-19","authors":"M. Godoy, Aiblis Vidal, Juan Cendales, Carolina Asuagua, J. Curvelo","doi":"10.21017/rev.repub.2021.v31.a115","DOIUrl":"https://doi.org/10.21017/rev.repub.2021.v31.a115","url":null,"abstract":"The COVID-19 scenario led to new ways of buying, selling, and consuming, a triad that lead to emerging voluntary bets on the part of companies for social, economic, and environmental improvement that legitimizes their actions in the new context. This mentioned process in situations such as confinement, work at home, interaction with diverse teams, and even the transformation of productive practices in the face of the scarcity of raw materials led to a behavioral perspective of corporate social responsibility (CSR) focused on the adaptative capacity of the dynamics of the context. Under this understanding, this research characterizes the management and practices of CSR during the pandemic in Latin America. Methodologically, the 200 best-positioned companies in the Merco Ranking were studied, allowing interaction of companies, leaders, and corporate responsibility and governance. The «social contribution» variable was analyzed with eight crossed variables and contrasted with the information disclosed by the organizations have studied regarding management and CSR practices in the period of the pandemic. The selected countries were Uruguay and Colombia, considering their extreme geographic location on the continent, the disparity in GDP, and the difference in state policies to manage the pandemic. After inferring the research hypothesis, it was possible to determine that the companies studied, despite the territorial disparity, geographical aspects, the number of inhabitants, and separate management of the pandemic, both in Colombia and Uruguay, adopted several measures to face the crisis produced by the COVID-19. Additionally, a social contribution has in both markets has been made, where 92% of Uruguayan companies and 99% of Colombia companies have developed new business models. The mentioned models include digitization of operations, delivery of food baskets and personal hygiene, technological contributions, and among others, donations of supplies and medical pieces of equipment. The companies that contributed the most are located at the top of the ranking in their countries and mostly belong to the industrial sector, a sector that in principle is most affected by the pandemic. In addition, the longest-standing companies made greater contributions. All of those studied presented sustainability reports using international standards and indicators and focused on social and environmental contributions since the beginning of the pandemic.","PeriodicalId":40477,"journal":{"name":"REVISTA REPUBLICANA","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41398483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}