Examinando por Autor "Camelo Cárdenas, Olmer-Enrique"
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- PublicaciónRestringidoCompetencia de la JEP para investigar al sector empresarial y civil, por la financiación y colaboración de grupos armados ilegales en el conflicto colombiano(Valledupar : Universidad de Santander, 2019, 2019-10-23) Gutiérrez Zequeda, Juan-Miguel; Camelo Cárdenas, Olmer-EnriqueThe transitional justice process is necessary only in exceptional cases where there are a series of transitional measures so that States can face serious human rights violations, resulting in a conflict or exceptional situation. The goal of transitional justice in Colombia involves bringing the perpetrators to trial, revealing the truth about the events related to the crimes that occurred, repairing the victims and also promoting reconciliation. In the same way, the Colombian Government negotiated with the FARC a Special Jurisdiction for Peace (JEP) agreement; which implies a sovereign exercise of both criminal and disciplinary functions of the State. They also bear a binding power in all their decisions, in addition to their superiority over those taken by other authorities in accordance with the same circumstances. The conflict as an evident part of the interaction of people far from being appreciated as human irregularity, anomaly or reproachable condition must be understood to come from the same diversity of human nature, also has formulas of arrangement such as direct dialogue, conciliation , mediation among others.This research is based on studying the competence of the JEP to investigate the business and civil sector, for the financing and collaboration of illegal armed groups in the Colombian conflict, that is; in which way employers and other legal persons are protected so that they are guaranteed rights in interventions in accordance with current law.
- PublicaciónRestringidoTratamiento jurisprudencial de la corte constitucional sobre los requisitos para ejercer el derecho a la muerte digna (eutanasia) en Colombia(Valledupar : Universidad de Santander, 2019, 2019-05-28) Aaron Monsalvo, José-Nelson; Suarez Duncan, Angie-Ximena; Camelo Cárdenas, Olmer-EnriqueThe debate on the right to dignified death in our country has become popular and controversial since the constitutional court decriminalized euthanasia, consequently to a claim of unconstitutionality to the type homicide for mercy; such controversy is based on the fact that it directly affects life, human dignity, personal autonomy and health; all fundamental rights. For this reason it is important to know the concept of dignified death (euthanasia), his epistemological variations and other alternatives to this practice, to avoid confusion and understand it from a more universal perspective; which necessarily implies the historical study and the comparative analysis with some (European) countries in which there are already legislations on the subject, thus allowing the interpretations that are made about the Colombian reality to be developed by broader concepts. Related to the jurisprudential evolution in the hands of the constitutional court, In addition to the unconstitutionality lawsuits, the claims for tutelage are taken into consideration; since it is thanks to the resolution of the corporation that this right can be exercised fully in Colombia, because the requirements and some procedures that allow its application were established jurisprudentially; causing the recognition of dignified death as a fundamental human right. All the above developed under a qualitative and descriptive approach; because the observation and analysis of the data collected allowed us to specify the characteristics and requirements that the court established to exercise the right, which thanks to legal hermeneutics resulted in a study that understands dignified death as part of a legal system.