Principia Iuris

Número Completo

Principia Iuris — 2023-07-03

Editorial

Sergio López — 2023-07-03

In these changing times and with multiple challenges in the legal field, the importance of researching and understanding legal matters has never been more crucial. In this context, the magazine becomes an essential forum for the exploration of ideas, critical analysis and deep reflection. At the heart of our editorial mission is a commitment to academic excellence and the promotion of innovative legal thinking. We strive to provide our readers with a unique vision of contemporary legal issues in order to contribute to the continuous evolution of legal sciences. On this occasion, its number 43 (2023-II) brings together 8
articles that address nuances that can broaden the perspective in order to have a criterion based on factual and analytical elements, guide research in the construction of parameters and concepts from constitutional doctrine is an invitation to reflection, a stimulus for innovation and a testimony to the
vitality of our legal community. We hope you enjoy reading it as much as we enjoyed putting it together.

CITIZEN PARTICIPATION AS A MECHANISM FOR COLLECTIVE CONSTRUCTION OF PEACE AND TERRITORIAL GOVERNANCE: A READING FROM THE DEVELOPMENT PROGRAMS WITH A TERRITORIAL APPROACH (PDET) AND ACTION PLANS FOR REGIONAL TRANSFORMATION (PATR)

Andrés Malaver — 2024-07-01

Five years after the signing of the Peace Agreement between the Government of Colombia and the FARC-EP (November 24, 2016), it is reasonable to carry out a pertinent reading with the participatory and territorial approach established in point 1 of said Final Agreement, the Comprehensive Rural Reform (RRI), whose transversal components are the Development Programs with a Territorial Approach (PDET), as “instruments of reconciliation in which all its actors work in the construction of the supreme good of peace, right and mandatory duty compliance ”, according to Decree Law 893 of 2017 (Presidency of the Republic, 2017); consolidating itself as legal and community mechanisms, vital for the full implementation of the agreement, since it articulates the different approaches of the Agreement such as: the participatory, territorial, ethnic, gender, reparative and differential approaches.

Based on the aforementioned Decree Law, this article reviews the importance and purpose of the Development Programs with a Territorial Approach (PDET) for the construction of territorial peace in prioritized areas, as well as the tool for its operationalization, the Action Plans for Regional Transformation (PATR) with which the Development Programs with a Territorial Approach (PDET) materialize, specifying the potential of transforming citizen participation as a mechanism of collective construction to strengthen territorial governance, in the Colombian post-conflict stage.

To resolve the central question formulated by the authors: ¿what has been the role and effectiveness of the Development Programs with a Territorial Approach (PDET)s and PATRs as mechanisms of citizen participation for collective construction and territorial governance in the Colombian post-conflict scenario?sociolegal, collecting relevant information in primary sources -for the Colombian government- and secondary in literature, regulations, doctrine and jurisprudence.

It was concluded that it has not been possible to obtain the expected effectiveness of the citizen participation mechanisms, due to the swings, biases, intrigues and obstacles that the national government has prevented from fulfilling the commitments agreed in the Peace Agreement (especially the first), in the face of the given change -bias- of the Ministry for Stabilization and Consolidation, from where almost everything regarding the Development Programs with a Territorial Approach (PDET) was planned -together with the ATR-, but with a low level of real execution. From another angle, the high levels of violence, insecurity and permanent murder of social leaders and human rights defenders in cahoots with the impunity and indifference of the state apparatus,
have decimated citizen participation and prevented the consolidation of communities in their goal of achieving a territorial governance that dignifies the quality of life of the population.

LIMITS OF SELF-DEFENSE IN FAVOR OF COMPANION ANIMALS

Carlos Pérez Calderón — 2023-07-03

La procedencia de la legítima defensa como causal justificante de la antijuridicidad dentro de la teoría del delito, requiere el cumplimiento de ciertos presupuestos los cuales varían dependiendo del ordenamiento penal a examinar, más exactamente de la afiliación dogmática en que dicho ordenamiento se sustente y los objetivos en política criminal proyectados, sin perjuicio de otros aspectos determinantes. A propósito de la Ley 1774 de 2016 mediante la cual se penaliza el maltrato animal, Colombia avanzó en sintonía con la tendencia generalizada a nivel mundial sobre el reconocimiento de derechos subjetivos a los animales, considerándoles seres sintientes y por tanto atribuyéndoles prerrogativas susceptibles de protección incluso a través del derecho penal. Esta norma, aparte de constituirse en una auténtica herramienta jurídica propia de un estado social de derecho, sugiere cuestionamientos propios de la dogmática penal,
como por ejemplo la viabilidad del ejercicio de la legítima defensa en favor de una mascota y los interrogantes que subyacen a la aplicación de dicha causal eximente, a propósito de una jurisprudencia proferida por un tribunal penal alemán en el año 2018 y expuesta por el profesor Luis Greco (2019), quien plantea tal discusión.

De esta manera, se revisará la importancia sobre el reconocimiento constitucional y legal del bien jurídico que protege de maltrato y sufrimiento causado por los humanos sobre los animales, analizando la legítima defensa como un instituto extensivo de esa protección sobre las mascotas, y se realizará una exploración dogmática sobre los requisitos de procedencia de la legítima defensa con el propósito de determinar hasta dónde resulta admisible el ejercicio de la causal justificante en favor de una mascota.

LIMITATIONS ON CRIMINAL LIABILITY IN SPORTS INJURIES APPLIED TO SPORTS LAW

Daniel Ávila — 2023-07-17

Based on this research, we seek to carry out an analysis of those eventualities in the game of Soccer that can cause sports injuries. It must be considered that the numbers of these injuries have increased on the national and international stage; However, in the professional field, the consequences of these acts are studied, such as impossibility, deficiency or permanent incapacity, acting with intent or guilt on the competition regulations and justifying their actions under the defenses of responsibility.

Colombian legislation regarding personal injuries and defenses of liability is regulated in the Colombian Penal Code, under Law 599, issued on July 24, 2000, providing protection to the legal assets protected by this criminal legal system, punishing those put in danger or injuries that are caused, with a penalty that will depend on the magnitude of these, delimiting the actions between fraud, fault, or pretension.

THE PROTECTION OF TRADITIONAL SEEDS IN THE COLOMBIAN CASE

David Ronderos — 2023-08-03

From a critical and interpretative perspective, this article hereby intends to illustrate the generalities in regards to the industrial protection scheme of traditional seeds in Colombia. By means of case law, communitarian legislation and, more strongly, original scientific sources, assessments and insights derived and based off on the findings of this investigation shall be presented. As it stands, in broad terms, phrases such as plant varieties and plants are defined and, of course, what traditional know- how is, gets accounted for in order to, thereafter, develop the topic surrounding the limits of invention patens in regards to seeds and plant varieties in their condition as living beings, as imposed by Decision number 486 of the Andean Community of Nations. Hereinafter, the figure of Plant breeder’s rights is explained and analyzed in the context of the protection of ancestral seeds, themselves a land. Finally, in the conclusions
section, a few thoughts and other points of view in relation to the investigation are projected out so to conclude this writing by reflecting upon the exposed findings as well as by examining the reach of the investigation.

REGULATORY COMPLIANCE AND STATE RESPONSE TO NON-COMPLIANCE BY THE COMPANY’S RESPONSIBILITY

Fabio Rey — 2023-09-07

The responsibility of legal entities is one of the bases for the expansion of legal risks, which motivates the self-regulation of public and private companies through regulatory compliance programs that define parameters for the prevention of activities that avoid the realization of criminal risks. , labor or fiscal environmental - among others -, allowing the formation of a culture that embraces the principles of effectiveness, prevention, ethics, good governance and social responsibility within the business organization, in such a way that when the risk that legitimizes the entry of the State, the collective entity itself is responsible and is capable of adopting the necessary measures to guarantee non-repetition of the unlawful conduct.

COMPARATIVE ANALYSIS OF JUSTICE BETWEEN THE COLOMBIAN CRIMINAL SYSTEM BASED ON LAWS 599 OF 2000 AND 906 OF 2004, AND CHRISTIAN THEOLOGY BASED ON THE BIBLE

Hernán Pineda — 2023-10-01

Justice is not only a legal concept, but a social and even economic one, throughout the history of humanity, man has tried to create a system and an efficient application, in the context of the national legal framework, Colombia has two great laws Law 599 of 2000 that issued the Colombian penal code was in force, with law 906 of 2004 that issued the code of criminal procedure, in light of the most important denominations that base their beliefs on the Bible, a sacred text that was inspired by God to men, where the law is stipulated, its application, and the concept of God’s punishment of men, the contrast between the justice of man in light based on the law and the justice of God described in his different books that The Biblical canon, its regulations, principles, a fulfillment of a social duty with an eternal life, mercy and laws favorable to the author of criminal conduct make up the Biblical canon. Through this article the justice of God and the justice of man will be sought.

THE ROLE OF JUDGES IN THE APPLICATION OF VALUES INSIDE JURISPRUDENCE

Jairo Cortés — 2023-09-28

This work is based on the study and analysis of the importance of the role of judges
in the application of constitutional values within jurisprudence. It highlights the
subjective and abstract nature of the normative provisions in our country, where this
normative mixture has consolidated the demand for the professional capacity of each
official and/or judicial operator to resolve the case in question through the tools that
the Constitutional Court has historically developed. This safeguards the integrity and
supremacy of the political constitution and also provides for the protection of citizens’
rights.

STATE RESPONSIBILITY FOR ACTIONS OF PROTESTERS: THE AGRICULTURAL STRIKE WITHIN THE CONSTITUTIONAL PRISM

Pedro Amézquita — 2023-10-19

During the time in which the agrarian strike occurred in Colombia in 2013, a series of public order difficulties arose, which led to acts of violence, with fatal consequences for the civilian population, raising questions about the relationship between the causes and consequences of the mobilization and the state responsibility regarding these victims. Due to these events, especially those related to the death of Mr. Edgar Márquez, intermunicipal public service driver, a citizen who died during the skirmishes in the department of Boyacá.

Thus, this reflection seeks to build a relationship between the factors that generated this fatal event and the postulates of state responsibility. It will also be studied whether this death corresponds to a direct reparation, due to failure in service, in relation to the duty of the state regarding the action or omission of the public force, or if it can be predicated, of the action or omission. of the public health services network.