Análisis de la aplicabilidad de la ley 387 de 1997 del desplazamiento forzado con respecto a la ley 1448 de 2011 en la ciudad de Cali, entre los años 2011 y 2016

Abstract

In the historical context of Colombia, violence has sparked an internal conflict for over fifty years, which have involved different stakeholders that have been affected by armed clashes of the war living in different parts of the Colombian geography, and also by the displacement of the civilian population towards receiving cities, a situation that has become an instrument of political and military control by groups on the fringes of the law. This situation leaves as a result a large number of people who must overcome his condition of displaced and therefore go to the estates of the State to restoration of their violated rights. That is why this work assumes as object of study the analysis of the situation of displaced persons from the perspective of guarantees of rights promulgated by law 387 of 1997, in relation to the Act 1448 of 2011 in the city of Santiago de Cali, in the years 2011-2016. In correspondence with the analysis of applicability, firstly the impacts of social type of internal forced displacement defined then identifies legal and jurisprudential doctrinal development in the application of the aforementioned administrative function in the Law 397 of 1997, as well as evidence of the beginning of warranty in the procedure of their application. This research addresses the issue from a descriptive perspective covering the most relevant aspects of the functionality of the regulations with respect to the population in displacement condition.