La eficacia como fuente del derecho administrativo dentro del proceso de restitución de tierras

Abstract

This research article explain how the interpretation of the principle of effectiveness allows us to advance in the realization of the purposes proposed by Law 1448 of 2011 "By which measures of care, assistance and integral reparation are given to the victims of the internal armed conflict and other provisions are dictated ". To achieve this objective, the principle of effectiveness is studied within the administrative process of land restitution that enshrines Law 1448 of 2011 in compliance with the actions and purposes that underlie the land restitution unit. This investigation is established in the interpretative model, being an analytical investigation: The law, the context of the norm and the Constitutional Court Judgment will be analyzed, with this it is tried then to demonstrate how in the presence of legal gaps or situations within the entity cause delays in the proceedings, these may never leave the proceedings suspended for an indefinite period so there is justification for the delay. This is with the purpose of consolidating if it constitutes an effective instrument for the victims, that is, if their actions comply with the provisions of the Constitution and the Law, or if, on the contrary, it violates the fundamental rights of subjects of special protection, thus leading to further deterioration of the condition of victims of dispossession and / or forced abandonment of land in Colombia.