Vacíos normativos en la proteccion de los derechos de los intervinientes en la aplicacion de la ley 1448 de 2011 durante la etapa administrativa.

Abstract

This research article addresses the existing regulatory gaps in the administrative phase of the land restitution procedure provided for in Law 1448 of 2011, particularly with regard to the protection of the rights of parties to the proceedings, third-party purchasers, possessors, or occupants who claim to have acted in good faith without fault. The research uses as a case study the ruling issued by the Superior Court of the Judicial District of Cartagena, Civil Chamber Specializing in Land Restitution, within the consolidated proceedings related to several properties located in the La Paz or Tokio subdivision, Los Tendidos village, municipality of San Alberto, Cesar. Although the administrative stage of land restitution serves a constitutionally legitimate purpose, it reveals regulatory gaps when it fails to sufficiently guarantee the right to defense, the right to be heard, and legal certainty for parties claiming good faith free from fault. Accordingly, this study examines the legal gaps that remain in Law 1448 of 2011, as amended by Law 2421 of 2024, during the administrative stage. The administrative phase is primarily designed to verify the victim’s account and satisfy the procedural requirement for judicial restitution, but it does not necessarily provide a fully adversarial determination of the intervening third party’s legal position. If a third party learns of the proceeding late, or if its participation has limited practical effect, the right of defense may be substantially deferred to the judicial stage. Law 1448 allows the intervening party to submit documents, but does not guarantee that the Special Land Restitution Unit (URT) will conduct a genuine adversarial hearing regarding their good faith and absence of fault before registering the claim and filing a lawsuit.