Aplicación del Derecho Administrativo Sancionador por el ICA: Análisis Crítico de su Incidencia en los Derechos Fundamentales del Campesinado Colombiano

Abstract

This study evaluates the impact of the Administrative Sanctioning Process (PAS) applied by the Colombian Agricultural Institute (ICA) on the fundamental rights of participation, land, and territory of Colombian farmers, with a focus on the department of Boyacá, during the period 2020–2025. Using a qualitative approach that combines documentary analysis (regulations, jurisprudence, and petitions) with interviews of small-scale producers, the central legal problem identified is the gap between legal requirements and the actual conditions for their fulfillment. The results reveal limited dissemination of sanitary policies, deficiencies in technical assistance, and the use of the PAS as the predominant control mechanism, generating disproportionate burdens and violating the principles of effectiveness and proportionality. The analysis highlights the need for a rights-based approach in sanctioning procedures, consistent with the constitutional recognition of farmers as subjects of special protection. It is concluded that the effectiveness of the PAS requires greater territorial coordination, strengthening of institutional pedagogy and regulatory adaptation to rural dynamics, in order to prevent violations of the fundamental rights of the peasantry.