Precedente - Revista Jurídica Vol. 10
URI permanente para esta colecciónhttp://hdl.handle.net/10906/82573
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Ítem Efectos de la implementación de los acuerdos de paz en la estructura orgánica del estado: la burocracia de la paz(Universidad Icesi, 2017-01-01) Barreto Moreno, Antonio AlejandroThe signing and ratification of the Final Agreement for the Ending of the Internal Conflict in Colombia and the Construction of a Stable and Lasting Peace initiated the process of implementation and, consequently, the issuance of a large number of constitutional and legal regulations, through a special procedure for peace known as fast track. This normativity created, modified or applied, temporarily, but with medium and long-term effects, the organic structure of the State and its personnel plant. From Weber’s perspective, this phenomenon is called: the “bureaucracy of peace”. In this sense, the present document has two objectives: i) to analyse the fulfilment of the obligations of generative reform arrangements relevant to the different branches of public power (legislative, executive, judicial) and autonomous and independent branch; ii) to make an inventory of the effects of the implementation of the agreements on the organic structure of the State to describe how this process affects the institutional design contained in the Political Constitution of Colombia.Ítem Jueces de ejecución de penas, subrogados penales y hacinamiento carcelario(Universidad Icesi, 2017-01-01) Guío, Armando; Serrano, Juan Sebastián; Pinzón, ManuelThis paper presents the results obtained in a field work carried out in the year 2013, in which it was tried to study the role of the execution judges of penalties within the problematic of prison overcrowding. Fieldwork included different research methods, such as collection of documentation, analysis of court decisions and interviews with judges. The purpose was to identify the legal and social patterns that influence the decision-making of judges of execution of penalties to apply criminal surrogates. Identifying these aspects of sentencing judges is relevant to the debate over prison overcrowding, bearing in mind that these are the ones who ultimately decide on the application of alternative measures to the prison.Ítem Hacinamiento y política penitenciaria en la jurisprudencia constitucional colombiana(Universidad Icesi, 2017-01-01) Echeverry Enciso, YecidThis article deals with the topic of prison overcrowding in Colombia and how the constitutional court has responded to various violations of fundamental rights, establishing a penitentiary and prison policy from a jurisprudential perspective, bringing together pronouncements from international courts and setting guidelines that, henceforth, the government must undertake to solve the problem of overcrowding in Colombia.Ítem Derecho y Cine colombiano: un acercamiento a los poderes públicos del Estado(Universidad Icesi, 2017-01-01) Betancourt Mainieri, AliciaThis article discusses the relevance of the study of law through films. It is done by means of an analysis of the ways in which Colombian cinema represents the Colombian State, and the perception about these institutions portrayed by the films. In order to do that some films, produced between 1981 and 2011 have been selected. The analysis is focused on the three traditional branches of the modern State: judicial, legislative and administrative. The latter one is represented through the management of the security forces.Ítem La Organización Municipal en la América Hispana. Los “Pueblos de Indios”(Universidad Icesi, 2017-01-01) Sánchez Lauro, SixtoThe Spanish dominion over the vast American territories demanded a powerful repopulation action and its effective settlement in territory. In the sixteenth and the seventeenth centuries, new settlements were created, which had to be urbanized and were ruled by a local government. The birth of the municipality had clear medieval Castilian roots; its creation adapted to the differences of the territory. There were two parallel situations, because of the segregation between the Hispanic and the Indian communities. Unlike the situation in the metropolis, with a powerful royal interventionism in the town councils, the municipalization in the American territories created an active local law, characterized by the popular participation in the local government both in the Hispanic and the Indian communities. The grouping of the natives to ease their «civilization» process –through the so called reductions– started a municipality’s creation process, which allowed the settlements to acquire a legal status, with their own organization and government.