La rigidez del proceso de restitución de tierras entre víctima y poseedor

Abstract

With the implementation of transitional justice in Colombia, Law 1448 of 2011 is established, seeking to recognize the rights and guarantees of the victims of the armed conflict in order for the victims to claim their right to truth, Justice, land restitution and guarantees of non-repetition, entering into this context of ideas, we would like to highlight in this essay the process of land restitution in terms of the victim of forced displacement and the owner of the property, who is recognized in the process of land restitution as an opponent, who defends his rights to possession and fears for the lack of guarantees, and at the same time the rigidity that exists in the norm, which does not offer a balance of rights for both parties. Based on this tension we give way to the discussion of this essay.