Examinando por Materia "Sentencia de unificación"

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    La caducidad en las pretensiones de reparación directa frente a los delitos de lesa humanidad, genocidio y crímenes de guerra en Colombia
    (Universidad EAFIT, 2020) Zapata Naranjo, Sara María; Diaz Diez, Cristian
    The Unification Sentence of January 29th, 2020, delivered by the Colombian Council of State, set a precedent on the mandatory nature of the common expiration term of two years, counted from the knowledge of the unlawful damage, to claim against the State for direct reparation derived from human rights violations, such as crimes against humanity, genocide and war crimes. However, the case law of Inter-American Court of Human Rights, indicated that, although imprescriptibility clearly operates in criminal actions, it is also possible that this guarantee of imprescriptibility applies to other actions such as those aimed at suing the State. The most important is to safeguard the integral reparation right, regardless of the action that is initiated, when we are faced with human rights violations. Thus, taking into account the internal regulations, the pronouncements of the High Courts and the Colombian historical context, this work aims to determine, whether or not it operates in Colombia, the forfeiture of the petition for direct reparation for crimes against humanity, war crimes and genocide.
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    La interpretación del art. 30 de la Ley 1393 de 2010 por parte de la UGPP : alternativas jurídicas para el empleador
    (Universidad EAFIT, 2023) Gómez Forero, Juan Felipe; Salas Mazo, Daniel; Múnera Posada, Armando
    As a result of the issuance of Law 1393 of 2010, specifically article 30, which establishes a rule for limiting non-constitutive labor payments of salary for the purpose of calculating the Base Contribution Income (IBC) used for the payment of Social Security contributions, the UGPP (Colombian entity responsible for overseeing and controlling social security contributions) provided an interpretation of this provision under its normative authority. However, this interpretation was subsequently subject to reinterpretation in a unification judgment by the Council of State. With the initial interpretation by the UGPP, several employers in Colombia were subjected to demands and sanctions. Nevertheless, with the new interpretation given by the Council of State, many of the charges and penalties imposed by the entity would lack a legal basis, resulting in financial harm to these employers. This work aims to determine various legal alternatives available within the Colombian legal framework for affected employers to restore their property rights.