Examinando por Autor "Garay Herazo, Kennier José"

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  • Publicación
    Acceso abierto
    Análisis de las causas recurrentes en los procesos sobre responsabilidad médica en la ESPIM Clínica de la Policía - Regional Valle de Aburra durante el periodo de 2015 a 2017
    (2019) Alzate Molina, Fabio César; Muñoz Echavarría, Deisy Beatriz; Garay Herazo, Kennier José
    The realization of this research project is oriented to the analysis of the recurrent causes in the processes of medical responsibility within the Regional Police Clinic Valle de Aburrá, taking the period between 2015 and 2017. This research topic It is of utmost importance, since the professional practice in medicine should be oriented to the benefit of the population without any discrimination and to the integral attention of the individual, in order to improve their living conditions. In order to contextualize the reader with respect to the information analyzed to achieve the stated objectives, it is expressed in the following order: legal liability regimes in Colombia, non-contractual state liability regime, the right to health, the role of the State and professionals in the health sector in relation to this right, in addition to the responsibility of the medical professional and, finally, the analysis is presented in the case of the ESPIM Medium Complexity Hospital Policing Establishment. The method used to answer the main issue of this project is the one referred to the field of qualitative legal research and the search of bibliographical references oriented to serve as a basis for such conceptualization, and at the same time for the results. It can be said then that the main causes are derived from incorrect medical practices, or by the hasty diagnosis that is given without previous examinations or rigorous reviews, which leads the professional to incur legal responsibility
  • Publicación
    Acceso abierto
    Flexibilización normativa del licenciamiento ambiental en Colombia durante el periodo 1993-2018
    (2019) Gallego Nanclares, Jorge Andrés; Garay Herazo, Kennier José
    The legal regulation in Colombia for the protection of the environment and the control of the exploitation of natural resources has had an important evolution since 1991, when for the first time it was given a significant relevance in the constitutional scope. As a development of this, Law 99 of 1993 was established as the most important norm in the legal sphere, and introduced as a requirement to control and guarantee the recovery, conservation, protection, ordering, management, use and exploitation of renewable natural resources and the environment of the Nation, the issuance of environmental licenses for any person who intends to advance works, works or exploitation of mines that may cause damage to the environment. The process for the issuance or denial of these licenses has undergone a series of changes that have been gradually flexing and weakening since its inception, not only related to the regulations and the deadlines established for its study and execution, but also in regarding the entities and those responsible for issuing them; these changes have generated conflicts related to the interpretation of the rules, in such a way that the High Courts have had to intervene to resolve these conflicts. In this context, this article attempts to explain the regulatory flexibility during the period between 1993 and 2018
  • Publicación
    Acceso abierto
    Implicaciones jurídico-ambientales por el uso de mercurio en la minería aurífera en el departamento de Chocó, Colombia
    (2019) Córdoba Mosquera, Jackson David; Rivas Valencia, Eddy Enrique; Garay Herazo, Kennier José
    The main purpose of this article is to establish the legal and environmental implications of the use of mercury in gold mining in the Department of Chocó. To achieve this purpose, we start with the identification of the normative background that regulate the gold mining activity in Colombia, through a legal and historical tracking. Second, a description is made of the case of gold mining in the department of Chocó. Subsequently, the environmental effects and impact of human health due to the indiscriminate use of mercury in the gold mining sector in the department of Chocó are outlined. Finally, the responses of the Colombian legal system to the mining-environmental problems caused by gold mining due to the use of mercury are identified