Publicación:

Tratamiento de los segundos ocupantes en el proceso especial de restitución de tierras para víctimas del desalojo forzado

Resumen

With the issuance of Law 1448 of 2011, an achievement was consolidated in the area of transitional justice (In matters of truth, justice and reparation); specifically when establishing mechanisms to repair the displaced population, for example, through the special process of land restitution regulated by Title IV, Chapters 2 and 3 of Law 1448 of 2011, who orders or not to protect the fundamental right to the restitution of lands and when they present opposition within the terms of the law to the (opponent in general sense) who intends to prove good faith without fault in the process and the one who, contrary to the previous one is not regulated by law, which is the special case of the second occupants who hold the ownership, ownership or possession of the good. The magistrates from the point of view of the doctrinent Ronald Dworkin give a new interpretation to the situation of the second occupants based on the precedent of similar cases that have already been evaluated and resolved (for which the jurisprudential line will be made in this work) , law 1448 of 2011, regulatory decrees and the constitutional norm (Dworkin, 2005, P. 18), that is, expanding the scope of the legal basis on which they are based to resolve a situation without legal regulation such as that of secondary occupants