El régimen jurídico de las regalías en Colombia y su impacto en el desarrollo territorial

Abstract

The purpose of this research paper is to conduct a comprehensive analysis of the legal framework for royalties in Colombia, addressing their constitutional basis and their legal and regulatory development. In this context, we will study the regulatory evolution of the royalty regime and its current configuration within the Colombian legal system, in order to understand its legal nature, central focus, and function within the system. Similarly, it will identify the relevant case law of the Constitutional Court and the Council of State, identifying the interpretative criteria that have defined royalties as economic compensation in favor of the State. Additionally, the research will analyze the mechanisms for planning, allocating, executing, and controlling these resources, with special emphasis on the principles of transparency, efficiency, accountability, and territorial equity that guide their administration. Finally, the study will make it possible to assess whether the current regulatory framework guarantees adequate redistribution of national wealth and sustainable development, and whether it embodies the principles of territorial autonomy and administrative decentralization, formulating, from a constitutional perspective, possible proposals for institutional strengthening or adjustment..