Examinando por Autor "Agón López, Juan Guillermo"
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- PublicaciónAcceso abiertoAnálisis del estado de cosas inconstitucional generado por el hacinamiento carcelario. Especial mención al caso de la Estación de Policía Candelaria de Medellín(2020) Consuegra Terán, Kelly Carolina; Moreno Salazar, Juan Severo; Agón López, Juan GuillermoThe purpose of this article is to analyze the jurisprudence of the Constitutional Court that has referred to the State of Unconstitutional Things (ECI) generated by prison overcrowding, making special mention of the situation of police stations, especially what happens in the La CandelariaPolice Station in the Municipality of Medellín. This describes the jurisprudence that has addressed this problem and specifically what the Constitutional Court has called ECI. Then a description of this problem is made in said police station with a view to establishing the possible causes of the phenomenon; finally, the alleged violation of the fundamental rights of persons deprived of liberty in police stations is analyzed from the jurisprudence emanating from the Constitutional Court. A qualitative studyseeks to establish that factors such as the application of the declining equilibrium rule and the excessive use of pretrial detention by judges and 4prosecutors, among many others, are what contribute to overcrowding at the Station Candelaria Police of the city of Medellín has been presenting an exponential increase in recent years.
- PublicaciónAcceso abiertoLa custodia y el cuidado personal de niños, niñas y adolescentes en Colombia(2020) Jiménez Giraldo, Valentina; Agón López, Juan GuillermoThis article examines the custody and personal care of children and adolescents in Colombia, analyzing the applicable international norms, the Political Constitution, as well as the Civil Code, Law 1098 of 2006, Childhood and Adolescence Code and jurisprudence, with a special look at Comparative Law. Other disciplines are also used to address the research problem, stopping in joint custody. The central question of the investigation is: what is the legal treatment that has been given in Colombia to the problems of custody and personal care of children and adolescents in light of the duties and obligations that emanate from parental responsibility, the best interests and the prevailing rights of these? The issue is current, relevant and of interest to society in general because it represents a common problem in Colombia, because many fathers and mothers fail to agree who will exercise custody and care when they separate and, in case of agreement, controversies arise over the way he exercises that duty-right. Then it is necessary to know what rights are given to parents, the same children and adolescents, to know how to resolve conflicts in this area
- PublicaciónAcceso abiertoLos derechos bioculturales en Colombia: aplicación al caso de Tribugá(2020) Posso Perea, Ludy Vanessa; Castañeda Ruiz, Hugo Nelson; Agón López, Juan GuillermoThis review article describes the problems faced in Colombia by communities that currently hold cultural rights in relation to both decision-making and the assessment of the sustainability of projects that are intended to be implementation in its territories, therefore, this article aimed to analyze the importance of biocultural rights in the Colombian legal context and to examine their application in the case of Tribugá (Chocó), where, at present, the possibility of construction of a port. The work was framed in a research methodology with a qualitative methodological approach, whose sources used, in addition to the texts created by author Sanjay Kabir Bavikatte, are the rulings issued by judges and magistrates of Colombia, communiqués of press, as well as related articles. Where the results showed that; communities, such as those in the areas surrounding Tribugá, are not allowed to participate actively in decision-making that could affect them in the long term, so one of the most important conclusions of this article proposes strengthen and monitor how the pre-consultation process and the consent of communities is carried out and used
- PublicaciónAcceso abiertoEstudio comparativo del modelo educativo japonés como base para el desarrollo económico y social de Colombia(2021) Arango Gallego, Jessica Andrea; Calazans Piñeros, Astrid Ximena; Agón López, Juan Guillermo; Gómez Restrepo, Manuel JoséAccording to the US News and World Report, Colombia is classified like one of the worst Latin American countries in education, ranking 56 in the PISA 2018 report, in comparison to Japan which is among the best in the position 13th. Based on the data presented and the others topics that will be addressed inside the study, it will look for to answer the question: ¿Why should a country like Colombia with an infinity of advantages compared to Japan stay in the lowest position of education, being one of the factors that influence the level of underdevelopment on the country.
- PublicaciónAcceso abiertoLa protección del concebido y su capacidad para ser parte en el proceso civil colombiano(2020) Mena Carrasco, Carlos Mario; Agón López, Juan GuillermoThe purpose of this article is to identify the legal-procedural difficulties for the protection and defense of the rights of the nasciturus in family conflicts; for this, it starts from the delimitation of the concept of "conceived" having as reference the normativity, the doctrine and the national and foreign jurisprudence; likewise, the problems generated by numeral 3 of article 53 of the General Code of the Process are established in relation to the representation of born and unborn children in family processes; and finally, the constitutional and jurisprudential protection that the nasciturus deserves in family conflicts in Colombia. An important theoretical issue that justifies the development of this work is that the approach of legitimizing the "conceived" as part of family processes, in accordance with the General Process Code, involves a series of challenges of LA PROTECCIÓN DEL CONCEBIDO Y SU CAPACIDAD PARA SER PARTE...4a theoretical and analytical nature, for how much it is necessary to carry out a hermeneutic exercise that involves the triangulation of normative, doctrinal and jurisprudential referents, both of Colombian law and comparative law. In addition, the subject under analysis in this research is not referenced in any previous research, which implies a major challenge for the development of this study
- PublicaciónAcceso abiertoProtección jurídica de los niños, niñas y adolescentes habitantes de la calle en Colombia(2020) Cabrera Pérez, María Camila; Valencia Moreno, Amanda; Agón López, Juan GuillermoThis article seeks to study the response given by the Law to the serious social problem manifested in Colombia in relation to children and adolescents who are living on the street. In the first place, from a historical perspective we study the evolution of general and specific concepts about "street dweller". We also analyze international doctrine, Colombian legal norms, jurisprudence, and doctrine. Emphasis was also made on the social public policy designed by the executive.
- PublicaciónAcceso abiertoResponsabilidad extracontractual del Estado por los posibles daños generados a la población a causa del proyecto Hidroituango(2020) Piza Guerrero, Jaime; Lara Hernández, Milciades; Agón López, Juan GuillermoThe main purpose of this article is to describe the scope of the possible extra-contractualresponsibility of the State for the effects on the civilian population due to the contingency generated by the Hidroituango infrastructure project in 2018; for this, it is based on the legal foundations of the responsibility of the State in Colombia; thenthe background of the emergency presented between the months of April and May 2018 in the execution of said infrastructure project is identified and, finally, the possible responsibility of the State is assessed due to the effects on the civilian population caused by the emergency in said project. The aforementioned implies the study of those events in which the figure of the state responsibility derived from the actions of the contractors is made, from the title of failure, which makes the State responsible for those damages and damages that may be generated by the actions of such contractors, since this corresponds to an indirect action of the administration.