Del detonante de la sentencia t-488 del 2014 al blindaje normativo en los procesos de pertenencia y de la adjudicación en Colombia.

Abstract

The right to private property in the rural sector in Colombia during the course of history, as in many Latin American countries, faces the contemporary challenge of generating legal certainty in the certainty of the right to property, which was affected by the sentence T-488 of 2014 of the Constitutional Court, which modified the status quo of the normative system. The reality in the processes of ownership initiated before the ordinary jurisdiction with the development of the presumption of vacant land when the claim is directed against an undetermined person and presents lack of real estate registration folio. This generated a problem that makes imperative the search for a solution by means of a normative shielding from the legislator's point of view, creating as a proposal a specialized judge in the superintendence of notary and registry against adjudication processes and a bill based on an amnesty process for smallholders of rural lands against the processes of ownership, among others in Colombia.

Translated with www.DeepL.com/Translator (free version)