Informalidad histórica en la tenencia de la tierra de parte de los campesinos y su implicación frente al derecho a la tierra

Abstract

The historical and systematic informality in rural land tenure by peasants has had its genesis in forced displacement, irregular land titling by the institutions and the impossibility of means to prove ownership (Gutiérrez & García, 2016 ). The aforementioned contexts, together, have compromised access to the right to land in favor of the peasants, plunging them into a situation of informality and has even limited them in the face of access to government programs that, by way of credits, provide them with the resources to technify their agricultural work. This, despite the fact that the informal relations they have with the land, have been built on their social, economic and family roots on it, and therefore, it is necessary for the State to assume the constitutional duty of promoting efficient titling. in their favor, through their programs and judicial processes; in order to vindicate their rights as subjects of special protection, and thus enable the improvement of their income and quality of life (Cubides, 2019).