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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.
El debido proceso en el marco de procesos disciplinarios al interior de empresas privadas
(Universidad EAFIT, 2025) Toro Arango, Sofía; Camilo Piedrahita Vargas
This monograph presents an analysis and synthesis of the rules that regulate the disciplinary due process implemented within private companies. Therefore, the main objective is to identify how the general rules of due process apply in the context of disciplinary procedures at private companies. To do this, we will first define, from a general perspective, what due process entails, followed by an explanation of the principles linked to this fundamental right. Furthermore, we will proceed to develop our general objective, which means we will analyze how the disciplinary due process works, particularly referring to the special duties employers have in order to balance their punitive power. Next, we will address the principal consequences employers may face when they disregard the disciplinary due process, consequences that have been determined mainly by case law. To illustrate these consequences with real-life cases, we will present examples in which employers have been punished by Colombian High Courts in the last several years. This will be followed by a conclusion that summarizes all that has been developed throughout the text.
La asunción del riesgo frente a la atribución de responsabilidad civil por daños entre futbolistas
(Universidad EAFIT, 2025) Hernández Tobón, Marcelo; González Jaramillo, José Luis
The objective of this article project is to determine the civil liability regime applicable to damages arising from sports activities, especially in the practice of professional soccer in Colombia. Given the cultural and economic importance of soccer in the country, and in view of its nature as a sport in which injuries among athletes are common, it is essential to establish when damage can be considered inherent to the risk assumed by players and when, on the contrary, it constitutes legally reprehensible conduct that gives rise to civil liability on the part of the injuring agent. With that in mind, the scope of the assumption of risk doctrine will be analyzed to determine when an athlete must assume responsibility for damages suffered in the course of sporting activities.
La tasa mínima de tributación en Colombia : un análisis principialístico en el contexto global
(Universidad EAFIT, 2025) Rengifo Velásquez, Camilo; Vélez, Juan Esteban
This thesis analyzes the Minimum Tax Rate in Colombia, evaluating its compliance with domestic regulations and conducting a comparative study with similar measures adopted in other countries. The study of the origins and objectives of the Minimum Tax Rate in Colombia shows that this measure aims to prevent base erosion and ensure a fair contribution from companies. However, areas for improvement are identified to guarantee greater equity and efficiency in its application. The comparison with other countries in Latin America and Europe reveals similarities in the objectives of the adopted measures, but also significant differences in their implementation. These findings help identify best practices and lessons learned that can be applied to the Colombian context. Finally, concrete recommendations are proposed to optimize the Minimum Tax Rate in Colombia, based on the comparative analysis and the current legal framework. These recommendations aim to enhance the equity and efficiency of the Colombian tax system, aligning it with international standards promoted by the OECD. The feasibility of these proposals is positively evaluated, suggesting that their implementation could strengthen the country's economy and promote a fairer and more competitive business environment. This study offers a critical and proactive perspective that goes beyond presenting the state of the art.
La insolvencia empresarial y su impacto en los fideicomisos inmobiliarios : un estudio de la legislación en el marco del derecho colombiano
(Universidad EAFIT, 2025) Lopera López, David; Gaviria Gil, Juan Antonio
This research critically examines the interaction between the corporate insolvency regime and real estate trusts in Colombia, aiming to identify regulatory gaps and propose harmonization measures to strengthen legal certainty in the market. The study explores the evolution of Colombian insolvency law, from its punitive origins to the consolidation of Law 1116 of 2006, which introduced reorganization as the primary mechanism to preserve viable companies. In parallel, it analyzes the consolidation of real estate trusts as an essential instrument for financing and executing construction projects, characterized by the creation of autonomous estates and asset separation, which foster confidence among investors and buyers. The research highlights the central tension between the principle of insolvency universality and fiduciary patrimonial autonomy, a conflict that has been addressed unevenly by the jurisprudence of the Supreme Court of Justice, the Constitutional Court, and the Superintendency of Companies. Using a qualitative approach based on normative, jurisprudential, and doctrinal analysis, complemented by comparative law elements, the study seeks to determine to what extent the assets subject to trust should or should not be included in the insolvency estate, and how to reconcile the protection of insolvency creditors with the rights of fiduciary beneficiaries. The findings allow the proposal of guidelines and normative alternatives that contribute to balancing conflicting interests and reinforcing confidence in the Colombian financial and real estate system.
La potestad de un empleador para dar por terminado un contrato de trabajo con justa causa de un empleado amparado por estabilidad laboral reforzada y sus límites
(Universidad EAFIT, 2025) Gómez Aguirre, María Camila; Múnera Posada, Armando
The objective of this research work is to investigate the jurisprudence of the Constitutional Court of Colombia from 2000 to 2023 and the regulations in force, specifically in the Substantive Labor Code (article 62), Law 361 of 1997 and the Legal Concept of the Ministry of Labor of 2019, about the effective dismissal of an employee who is protected by reinforced job stability and who, For this reason, it is necessary to request authorization from the competent authority, without violating the worker's rights. Enhanced job stability is a legal protection mechanism that prevents the unilateral termination of the employment contract of certain employees, such as people with disabilities, pregnant women or union representatives, unless there is a just cause and the established legal procedure is complied with. Through a qualitative approach based on documentary review and jurisprudence analysis, this research examines the limits and powers of the employer in the face of the termination of employment contracts in these cases, identifying normative criteria and relevant judicial decisions. The study concludes that, although the employer has the power to dismiss a worker with enhanced job stability with just cause, this procedure must be carried out within the legal framework, guaranteeing due process and avoiding possible legal sanctions, including the declaration of nullity of the dismissal and the obligation to reinstate the worker.
Régimen de insolvencia empresarial en Colombia. Perspectivas frente a la afectación a las prácticas de abogados y Superintendencia de Sociedades a partir de los Decretos expedidos en el marco de la emergencia COVID-19
(Universidad EAFIT, 2025) Pérez Gómez, María Paulina; Nieto Nieto, Norma Cecilia
El Marco Jurídico Plural de las Redes Sociales: Un Análisis de las Normas y Disposiciones Relevantes para el Consumidor en Las Redes Sociales
(Universidad EAFIT, 2025) Salazar Gutiérrez, Miguel; Botero Peláez, Jerónimo; González, Felipe
Thanks to the surge of new technologies human relations have evolved, generating new opportunities for communication, commerce and connection in a global digital landscape. These changes don’t just entail changes for culture, but also for the regulation of the commercial aspects of digital platforms and services, specifically social media. This project looks to examine the interaction between legal frameworks in the regulation and operation of these platforms. By way of an in depth analysis of Colombian, American and European law, amongst others, we shall identify the dispositions which result relevant for a consumer. Likewise, we will delve into the terms and conditions of the biggest social media platforms, since these normative instruments produce effects on the level of laws. These private agreements between parties are accepted massively, by citizens of any state, who may be accepting conditions that ignore their countries legal framework or negatively impact their rights.
La marca V/S la identidad o prestigio de las personas Análisis jurídico del artículo 136 literal e) de la Decisión 486 de 2000 y su aplicación por la Superintendencia de Industria y Comercio en Colombia
(Universidad EAFIT, 2025) Ramírez Bedoya, Susana; Upegui Escobar, Andrés
Incorporación del “Compromiso de Conservación del Reino Fungi” en la Legislación Ambiental Colombiana: Mecanismos Jurídicos para su Protección en el Contexto de la Triple Crisis Ambiental
(Universidad EAFIT, 2025) Suarez Montiel, Gineth Alejandra; Vallejo Piedrahita, Catalina.
Fungi, although at times imperceptible to many, play essential ecological roles for life on Earth, such as decomposing organic matter, forming symbiotic relationships with plants, and bioremediating contaminated soils.However, they have historically been overlooked in environmental conservation policies, both in Colombia and internationally. This research aims to address the following question: What legal mechanisms can be used to incorporate into Colombian environmental legislation the Fungi Kingdom Conservation Commitment, adopted within the framework of the 16th Conference of the Parties to the Convention on Biological Diversity (COP 16 of the CBD), in order to ensure the conservation of fungi and recognize their ecological role in mitigating the triple planetary crisis?The guiding hypothesis of this study holds that, although Colombian regulations currently do not explicitly address the Fungi Kingdom, there are constitutional foundations, environmental principles, and recent regulatory developments that would allow for its formal incorporation—provided there is political will and progressive interpretation by legal authorities. The research adopted a legal-dogmatic approach, using methods such as case analysis, comparative law, and historical method to examine the evolution of Colombian environmental regulations regarding the conservation of national biodiversity. Data collection included document review, national and international regulatory analysis, and fieldwork in ecosystems in the department of Antioquia, with the support of expert mycologists, within the framework of a research initiative launched by the Law and Environment research group at EAFIT University. The dogmatic legal analysis revealed significant regulatory gaps, but also recent advances, such as Resolution 0126 of 2024, which for the first time includes fungal species in the national list of threatened species. Likewise, concrete mechanisms are proposed for incorporating the Commitment—and thus fungi—into conservation regulations, such as their inclusion in the 2030 Biodiversity Action Plan, the creation of protected areas specialized in fungi within the National System of Protected Areas (SINAP), and their mandatory consideration in Environmental Impact Assessments (EIAs).From a comparative law perspective, the study examines the cases of Chile—pioneering in integrating fungi into its environmental legislation since 2010—and Ecuador, where the Constitutional Court protected the Fungi Kingdom in the Los Cedros Forest case, recognizing the rights of nature.The study concludes that Colombia has the institutional framework necessary to advance toward a more inclusive legal protection and that recognizing the Fungi Kingdom would contribute not only to biodiversity conservation but also to ecological and biocultural justice. It recommends strengthening mycological research, updating environmental regulatory frameworks, and incorporating the traditional knowledge of Indigenous and rural communities as the basis for more integrated and sustainable ecosystem management.
Problemáticas constitucionales de la implementación del impuesto mínimo en Colombia
(Universidad EAFIT, 2025) Arango Suárez, Mariana Andrea; Hernández García, David; Betancourt, Jorge Andrés
The incorporation of the Adjusted Taxation Rate (Tasa de Tributación Depurada, TTD) into the Colombian Tax Statute, designed to establish a minimum corporate tax rate, has sparked significant debate in academic and business sectors. This debate arises from concerns that the proposed regulatory framework may contradict fundamental constitutional principles of tax law, particularly Articles 83, 95 paragraph 9, 338, and 363 of the Political Constitution of Colombia. These provisions address essential issues in the fiscal sphere, such as good faith in the relationship between citizens and authorities, the principles of tax justice and equity, the distribution of taxing powers among various entities, and the guarantee of a tax system based on equity, efficiency, and progressivity. The proposed minimum tax rate is questioned on the grounds that it may not accurately reflect the economic reality of companies but, in certain cases, may instead be based on economic expectations that distort the actual tax burden. This thesis examines whether the implementation of the adjusted taxation rate violates these constitutional principles and whether the approach proposed within the framework of the Tax Statute complies with standards of equity and tax justice, while upholding taxpayers' rights and constitutional guarantees, in order to propose a normative reform aligned with the aforementioned constitutional postulates.
Problemas jurídicos ocasionados por los errores en la inteligencia artificial
(Universidad EAFIT, 2025) Arroyave Hincapié, Brahian; Rozo Acevedo, Tomás; Toro Valencia, José Alberto
The main objective of this research is to analyze the complications generated by artificial intelligence in the field of private law, as well as what are the most common mistakes in the field of implementation and creation of these systems. It will explore different types of development, the learning system of these tools, historical background, comparative law and provide solutions to Colombian legislation to fill existing normative gaps.

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