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Principio de la realidad sobre las formas : análisis y comprensión de sus ámbitos de aplicación en el derecho laboral
(Universidad EAFIT, 2025-10-28) Rojas Valenzuela, María Alejandra; Piedrahita Vargas, Camilo
The present thesis focuses on analyzing a fundamental principle of labor law: the principle of the primacy of reality over formal appearances within Colombian labor law, with the purpose of understanding the different contexts in which it has been applied as a mechanism for the protection of workers. Among these contexts, particular attention is given to service contracts, positions of management, trust, and control, as well as salary-constituting payments. Likewise, this work seeks to examine whether, throughout the jurisprudential development of this principle by both the Labor Chamber of the Supreme Court of Justice and the Constitutional Court, it may be applied in favor of the employer or whether, on the contrary, its application is exclusively for the benefit of the worker.
Medidas cautelares o de protección y apremio en los procesos ejecutivos de alimentos a favor de niños, niñas y adolescentes en Argentina y Colombia
(Universidad EAFIT, 2025-11-13) Muñoz Carvajal, María Camila; Alzate Tobón, Laura Daniela
Los criptoactivos en Colombia : fundamentos para su regulación y la protección de los usuarios
(Universidad EAFIT, 2025-10-17) Cote Ramírez, Miguel; Agudelo Morales, Sebastián
The purpose of this paper is to analyze the importance and relevance of establishing regulation for crypto assets in Colombia, starting from a technical and legal analysis to determine whether crypto assets — specifically cryptocurrencies — are considered, under Colombian regulation, as foreign currency, financial assets, or commodities. Once the legal nature of these assets is established, the applicable type of regulation and its appropriate scope will be examined. The question of whether crypto assets should be regulated becomes increasingly relevant as the cryptocurrency market continues to develop and innovate to offer more products and services to individuals and businesses. It is estimated that more than 6.17 million people in Colombia, own cryptocurrencies (Statista). Given the high number of users — representing nearly 12% of the population —, it is essential to adopt responsible regulation to protect them. One of the key factors that make this analysis timely is that Colombia is the ninth country with the highest cryptocurrencies in the world, based on number of users and transaction volume. For instance, on the Buda.com platform, one of the most popular in Latin America, transaction volume in Colombia increased by 350% between 2019 and 2020, and the number of users rose by 125% in the same period. Additionally, the number of Colombian companies offering FinTech services related to crypto assets increased to 394 by June 2024. (Finnovista Fintech Radar Colombia). As adoption and usage grows, the discussion about regulating cryptocurrencies becomes more pressing. Such regulation should have a broad scope to address the diverse characteristics of cryptocurrencies, the services they offer, and the types of transactions users may carry out with them. Why regulate them? Regulation is necessary not only due to increased usage, transaction volume, related companies, and wide adoption among Colombians, but also because the underlying technology has proven efficient and resilient. After 16 years of existence and exponential growth in blockchain-based services, it is reasonable to assert that cryptocurrencies will continue to expand, much like the internet did two decades ago. Furthermore, for a country like Colombia, which seeks to attract foreign investment, enacting responsible regulation would be highly advantageous. It would not only provide legal security and guarantees for users but also foster an attractive environment for companies, encouraging the growth of this sector and the development of related technologies. In conclusion, the aim of this undergraduate thesis is to assess the viability of, and propose, a responsible regulatory framework that ensures certainty and protection for both users and companies engaging with cryptocurrencies.
La protección jurídica de la gastronomía tradicional en Colombia a través de la propiedad industrial : caso de estudio la Lechona Tolimense
(Universidad EAFIT, 2025-11-14) Méndez Ortiz, María Catalina; Correa Márquez, María Camila
This research analyzes the legal possibilities for protecting traditional Colombian cuisine, with an emphasis on the case study of “lechona tolimense” as a representative example of typical dishes in the country. The study provides a comprehensive analysis of the main applicable legal instruments, such as designation of origin (D.O.), trademarks in their various categories (collective, certification or country brand), and complementary figures such as the Colombian Gastronomic Seal and intangible cultural heritage. From a comparative law perspective, international mechanisms such as traditional specialties guaranteed (TSG) and geographical indications (GI) are also studied in order to identify good practices and strategies that can be replicated or adapted to the Colombian context. The analysis shows that, depending on the desired protection approach, Colombia has both industrial property and public law tools to support traditional gastronomic products and dishes. However, these concepts have been little explored and applied in relation to traditional cuisine, which limits their recognition, positioning, and preservation in national and international markets. It should also be noted that the protection of dishes should not be restricted solely to their name or designation through trademarks, but should also include the ancestral knowledge, techniques, and skills that determine their quality, identity, and cultural value. Finally, based on international experiences, it is proposed that Colombia should promote more robust initiatives to legally protect its gastronomic heritage, encouraging both the preservation of this knowledge and the local economic development and international positioning of national cuisine.
Brechas en la eficacia del tratamiento integral para el acceso a los servicios médicos de reafirmación de género en el SGSSS colombiano : análisis del caso Griselda Giraldo por la insuficiencia del reconocimiento judicial del tratamiento integral para garantizar procedimientos de reafirmación de género
(Universidad EAFIT, 2025-11-14) Olano Fontalvo, Federico; Montoya Medina, Juan Pablo; Sánchez Vásquez, Carolina
This undergraduate thesis examines the persistent gap between the judicial recognition of comprehensive health care and the effective access to gender-affirming medical services for trans persons in Colombia, within the framework of the General Health Social Security System. Despite the robust jurisprudence of the Constitutional Court protecting the rights to health, gender identity, and free development of personality, administrative barriers, discrimination, and the absence of unified medical protocols hinder the materialization of these rights. Through a case study of the “Griselda Giraldo” file, processed by the Legal Clinic of EAFIT University, this research identifies the reasons why judicial protection (constitutional protection action or 'tutela' action) often proves insufficient to ensure effective access to the necessary procedures. The study analyzes relevant case law, gender-affirming procedures and their connection with fundamental rights, as well as the problematic implications of this gap for the health and dignity of trans persons.
Protección legal a los creadores de contenido e influenciadores : análisis y propuesta de mejora
(Universidad EAFIT, 2025-09-29) Jiménez Fernández, Sofía; Echeverri López, María del Mar; González, Felipe
This research analyzes contracts signed between influencers, content creators, and companies, identifying a recurring issue: most agreements are structured as image assignment contracts, which fail to comprehensively protect creators’ rights. Such contracts overlook key aspects like intellectual property and authorship, exposing creators to legal and economic vulnerability. The study aims to develop a contractual model that ensures equitable relations between creators and companies, safeguarding image and intellectual property rights while preventing abusive clauses. By proposing a clearer and fairer legal framework, this work contributes to strengthening the protection of digital creators and promoting a more transparent and sustainable digital ecosystem.
Cotización del agua en la bolsa de valores de Wall Street : riesgos potenciales provocados por el “mercado de futuros” hacia el derecho humano al agua
(Universidad EAFIT, 2025-11-10) Giraldo Castrillón, Anyelo; Vallejo Piedrahita, Catalina
Over the years, water—an essential resource for human life and many other species—has been recognized as a fundamental human right. The UN Committee on Economic, Social and Cultural Rights defines it as “the right of everyone to have access to sufficient, safe, acceptable, accessible, and affordable water for personal or domestic use” (United Nations, Economic and Social Council, 2002, General Comment No. 15). However, global water scarcity, worsened by climate change, population growth, and the excessive exploitation of natural resources, has led governments and market actors to seek mechanisms to manage water from an economic perspective. In this context, between 2012 and 2016, the state of California, United States, faced one of the most severe droughts in its recent history, which caused a drastic water shortage and significant environmental deterioration (Hanak, Mount & Chappelle, 2016). As a result of this crisis, debates emerged on the need to strengthen the resilience of the water system through new management tools. Thus, in December 2020, water began trading on the futures market under the Nasdaq Veles California Water Index, with an initial value of $499.83 (Nasdaq Veles California Water Index NQH20, 2024). This event set a precedent by bringing water—recognized as a human right—into the realm of financial speculation. Futures markets are financial instruments that allow people to negotiate today the price of an asset that will be exchanged on a specified future date through standardized contracts (Baixauli, Ruiz & Serna, 2007). In principle, their function is to mitigate risks against price volatility. However, when the traded asset is a resource essential for life, such as water, questions arise about the ethical, social, and legal consequences of its inclusion in these markets. Although this type of pricing has initially been limited to the state of California, international concern has grown over the possibility that this model could expand to other contexts, generating negative effects on equitable access to water. Various experts and UN special rapporteurs have warned that this dynamic could promote a progressive privatization of the resource and deepen inequalities in access, especially for vulnerable populations.
Intervenciones médicas irreversibles en niños niñas y adolescentes : límites jurídicos a la reasignación de sexo en Colombia
(Universidad EAFIT, 2025-11-10) Lopera Martínez, Pedro; Estrada Barguil, Valentina; Sierra Echeverri, Carolina María
Over the past thirty years, the Constitutional Court of Colombia has consistently upheld the permissibility of sex reassignment procedures in children and adolescents, based on the argument that such interventions protect their fundamental rights, particularly the rights to life, human dignity, free development of personality, and sexual identity. However, this thesis questions whether such decisions truly ensure comprehensive protection of these rights. It emphasizes that minors, who are still undergoing physical and psychological development, may later regret making irreversible decisions about their gender identity. The research highlights scientific and legal evidence regarding the long-term negative implications of these procedures on minors’ physical and mental health, personal integrity, and overall well-being. Based on this, the study argues that the Constitutional Court's current position fails to fully safeguard the best interests of the child. Consequently, the objective of this thesis is to demonstrate the legal and ethical grounds for which sex reassignment procedures in minors should be prohibited under Colombian law, in line with the special protection afforded to children and adolescents as rights-bearing individuals.
La muerte o lesión del animal de compañía y el daño moral : ¿cuánto vale perderlos?
(Universidad EAFIT, 2025-09-29) Peláez Rendón, Sarah Sofía; Espinosa Calle, Mariana; Alzate Tobón, Laura Daniela
The leading role that companion animals have acquired today has driven a significant number of legal advances. Among these are the strengthening of laws against animal abuse, the recognition of the multi-species family, and even the granting of compensation for the moral damage caused by their loss or injury. Paradoxically, however, these advances encounter limitations when it comes to the economic quantification of non-pecuniary damage, since jurisprudence continues to uphold a patrimonialist view, treating pets as mere objects and seemingly disregarding the profound emotional bond between humans and their animals. This situation is further aggravated by the lack of uniform judicial criteria to adequately assess such damages. Hence arises the need to analyze the current legal treatment of non-pecuniary damage in these cases, and to propose a set of more coherent, fair, and empathetic criteria—ones that resonate with the emotional reality that the loss of a companion animal entails. To this end, through a qualitative methodology, the current Colombian legal framework will be examined in order to identify the country’s starting point regarding the place of animals in law and compensation for moral damage, specifically in cases of pet loss or injury. Subsequently, several foreign legal systems will be studied, as they have addressed this same issue through their own legal practices and social progress. All of this will culminate in the creation of a set of parameters, adapted from those international practices, which could serve Colombian judges as useful tools when determining compensation for moral damage arising from the loss or injury of a being that has now become part of the family nucleus: the companion animal.
En Medellín (1989-1993) no hubo familia que no pusiera una gota de dolor : memorias de la familia Árbelaez Ramírez en el contexto generalizado de violencia
(Universidad EAFIT, 2025-07-29) Arbeláez Ramírez, Valentina; Correa Vargas, Sara; García Gallego, Gloria María
This research analyzes the impact of the violence that swept through Medellín during the transition from the 1980s to the 1990s, based on the testimony of the Arbeláez Ramírez family, who experienced the kidnapping of two of its members and the murder of one of them. It explores how these structural phenomena became embodied in the lives of specific families, thus intertwining personal history with the broader social evolution of the city. This personal account reveals how the intertwined forms of violence of that era transformed daily life, disrupting social bonds, economic dynamics, and the emotional fabric of families. The experience of the Arbeláez Ramírez family is not an exception but rather an example of how the macrostructures of conflict and drug trafficking infiltrated domestic spaces, turning the private sphere into a site of struggle. In a context permeated by silence, fear, and oblivion, giving voice to the victims becomes an act of resistance and symbolic justice. Thus, beyond making a particular experience visible, this work offers a perspective that connects life stories with broader social histories, using memory as an essential tool to understand the harm inflicted, to dignify those who have suffered it, and to contribute to a more comprehensive understanding of Medellín’s recent past.
¿Cómo pueden las formas de tratamiento del conflicto de los palabreros de la cultura Wayuu integrarse y coexistir con los métodos alternativos de solución de conflictos? Propuestas a partir del pluralismo jurídico
(Universidad EAFIT, 2025-09-29) Villalba Arrieta, Leonardo Andrés; Solano Solano, Andrés Alfonso; Alzate Tobón, Laura Daniela
This paper examines how alternative conflict resolution methods used by the Palabreros of the Wayúu culture can be incorporated and coexist harmoniously with the Colombian legal system, based on a legal pluralism approach, which favors the inclusion of traditional practices within the established legal framework. To this end, it first examines the role of Palabreros as conflict mediators in comparison with the Alternative Dispute Resolution Mechanisms established by law. Second, it analyzes legal pluralism as a normative and theoretical foundation that allows for the articulation between law and the legal mechanisms specific to indigenous peoples. Finally, the thesis concludes how figures such as the Palabrero can be integrated and coexist within the framework of formal justice mechanisms with the forms of conflict resolution specific to indigenous communities.
Análisis del artículo 19 de la ley 2466 de 2025 e implicaciones de su aplicación retroactiva
(Universidad EAFIT, 2025-09-29) Arias Prisco, Adriana María; Javier Tamayo, Francisco
This thesis examines the interpretation of Article 19 of Law 2466 of 2025 and its implications for Colombian criminal law, particularly regarding the penitentiary policy of sentence redemption as a mechanism of resocialization (Colombia, Congreso de la República, 2025, art. 19). The provision not only serves as a tool to shorten periods of incarceration but also represents an effective means of safeguarding fundamental rights of persons deprived of liberty, such as human dignity, equality, due process, and the resocializing function of punishment. The potential retroactive application of this article, based on the principle of favorability, could generate a significant legal and social impact by reducing prison overcrowding and improving reintegration conditions. Considering the Constitutional Court’s recognition of an unconstitutional situation in the prison system, this study argues for an interpretation that enhances fundamental rights protection and contributes to the humanization of the penitentiary system.
El uso de psicodélicos en Colombia para prácticas psicoterapéuticas experimentales : normativa aplicable y análisis dogmático del riesgo desaprobado
(Universidad EAFIT, 2025-09-17) Muriel Sánchez, Valentina; Cadavid Quintero, Alfonso
This study explores the legal and criminal risks associated with the therapeutic use of psychoactive substances in Colombia, particularly in the context of experimental psychotherapy with psychedelics. Using the theory of objective imputation, which identifies legally disapproved risks in crimes of mere activity, the research evaluates whether these experimental therapeutic practices fall within the bounds of permitted risk. Through a normative and penal analysis, the study examines the criteria for determining when such practices pose a significant threat to legally protected interests and under what conditions this risk can be justified or considered irrelevant from a criminal law perspective.
La historia de los contratos de aprendizaje y la implicación de la reforma laboral
(Universidad EAFIT, 2025-10-23) Henao Arcila, Nicolás; Piedrahita Vargas, Camilo
This thesis examines the regulatory evolution of the apprenticeship contract in Colombia, from its initial recognition as an employment relationship in 1959, through its delaboralization under Law 789 of 2002, to the restoration of its labor nature with the 2025 Labor Reform (Law 2466). It also addresses the implications of the reform for apprenticeship contracts, the potential confusion with internship agreements, and the new rights granted to medical interns. The study highlights how the reform represents progress in dignifying youth employment, making it more beneficial for apprentices, while also pointing out the economic and administrative challenges that require state support and regulatory clarity to ensure its sustainability and effectiveness in Colombia’s labor market in the future.
Enfoque de género en casos de violencia intrafamiliar : revisión de ciertas decisiones importantes del Tribunal Superior de Medellín en 2024
(Universidad EAFIT, 2025-11-11) Echavarría Quintero, Susana; Puerta López, Juan Diego; Naranjo Serna, Sebastián
This paper critically analyzes the role of the Superior Court of Medellín in domestic violence proceedings during 2024, with special emphasis on the incorporation of a gender perspective in judicial decisions. The study, focused exclusively on Medellín and its metropolitan area, combines the review of rulings issued by the criminal, labor, and family chambers with local statistics, institutional reports, and oversight body findings. The results show that, within the criminal jurisdiction, although domestic violence was proven in all cases, the gender-based aggravating factor under Article 229 of the Colombian Criminal Code was systematically dismissed, contributing to scenarios of impunity and limiting the judicial recognition of structural violence against women. In contrast, the labor and family chambers adopted a more rights-protective approach, easing evidentiary requirements and applying international standards such as the Belém do Pará Convention, in order to prevent revictimization and protect individuals in vulnerable situations. In conclusion, the research reveals that in Medellín there remains a tension between procedural rigor and the State’s obligation to provide reinforced protection, which highlights the need to strengthen the gender perspective in local justice.
La plataforma digital TikTok, ¿representa un riesgo para la protección de datos personales en Colombia?
(Universidad EAFIT, 2025-11-07) Zapata Piedrahita, Juan Santiago; Sánchez Vásquez, Carolina
Daños y perjuicios extrapatrimoniales por muerte de mascota en la responsabilidad civil extracontractual en Colombia : una propuesta interpretativa
(Universidad EAFIT, 2025-09-22) Velásquez Giraldo, Natalia; Gómez Álvarez, Juan Antonio; Múnera Posada, Armando
Análisis de la evolución normativa y jurisprudencial del reconocimiento de la pensión de invalidez en Colombia para afiliados con insuficiencia de semanas cotizadas
(Universidad EAFIT, 2025-11-06) Valero Madrid, Sofía; Múnera Posada, Armando
The general objective of this research is to analyze the gaps in Colombian legislation on the disability pension of common origin and its impact on workers who require this benefit. Social security in Colombia seeks to guarantee the economic protection of people who, due to a disability, are affected by their ability to generate income. However, the current regulations present inconsistencies in terms of access requirements, the treatment of independent workers and the application of the principle of favorability in case law. This study addresses the legal evolution of the disability pension in Colombia, identifying the main barriers faced by applicants in practice. The most relevant judicial decisions are analyzed, including pronouncements of the Constitutional Court and the Supreme Court of Justice, in order to show how the interpretation of the regulations has influenced the recognition of this right. In addition, the contribution criteria, the structure of the pension system and the problems associated with the lack of uniformity in its application are compared. Finally, proposals are presented to improve the accessibility and equity of the system, ensuring that people with disabilities can access a fair pension appropriate to their conditions.
Violencia intrafamiliar en Colombia, un fenómeno en expansión : análisis de las barreras de acceso a los mecanismos de protección
(Universidad EAFIT, 2025) Rodríguez Perdomo, Silvana; Jiménez Moreno, Antonia; Gonzáles Jaramillo, Jose Luis
Régimen societario de los clubes deportivos : una mirada desde el fútbol profesional y el análisis jurídico de su idoneidad frente a los nuevos retos del sector deportivo
(Universidad EAFIT, 2025) Gómez Giraldo, Isaac; Pardo Villa, Samuel; González Jaramillo, José Luis
Within a context of fanaticism for all kinds of sports, but mainly for football (soccer), a new corporate paradigm emerges. During Colombian sports history, football teams could only be incorporated as non-profitable entities. Every single profit had to be ploughed back into the entity. However, with the expedition of Law 1445 of 2011, which modified Law 181 of 1995, introduced a new paradigm for professional football teams. Within these legal framework, all professional sport teams may incorporate as a Société Anonyme but with a special set of rules for these kinds of corporations. Throughout a deep appraisal of the creation of a new possible corporate structure, a comparison of international legal frameworks recognized by their sports history, tradition and growth, and analyzing the Colombian context, this research project will determine the pertinence of a new scenario in sports regulations. To further fulfill this goal, the following questions will be taken into account: Which benefits would a new corporate structure offer the sports market? Which countries have a special corporate structure for sports and how do they use it? Which corporate structures are used and how are they beneficial? Which consequences have they brought to their respective legal systems? To further this analysis, this project will be divided into chapters as follows. The first chapter describes the current corporate legislation regarding the creation of sport teams in Colombia. Laws 181 of 1995 and 1445 of 2011 contain such legislation, as well as previous proposals to reform the Colombian Commercial Code, concerning corporations, which remain part of an ongoing legal discussion. The second chapter compares the Colombian corporate regulatory framework for sport teams with the context and sports regulations in Argentina, Spain and the United Kingdom. This comparison aims to identify differences, similarities, and benefits that could inform improvements to Colombian regulations or a possible reform. The final chapter discusses the advantages and disadvantages that are considered relevant to Colombian sports regulation, as outlined in the aforementioned laws. It also addresses the current debates surrounding this issue and its regulation, taking into account the comparison with the countries mentioned.

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