Abstract

LOPEZ CASALINS, Marvin. The right of victims to integral reparation in the land restitution process in the framework of transitional justice in Colombia. Justicia [online]. 2019, vol.24, n.36, pp.102-122. ISSN 0124-7441.  https://doi.org/10.17081/just.24.36.3525.

Colombia has been a country in continued violence, war as all, that leaves indelible traces in the political, social and economical present and future. The social issue gives a glimpse in the light of systematic and prolonged infringement of a significant group of people rights, which has been forced to migrate inside our territory, leaving behind, not just their properties but also their lives; in front of this situation, the State has been forced to adopt measures that move towards the recovery of that grous of people. This is how emerge land restitution in favor of the victims of forced displacement, abandon and/or land dispossession. In the present research is noted that, dispite of the legal consagration of a measure aimed to property restitution in favor of victims, such legislation did not guarantee, at least, expressly extra-patrimonial damage dispite the same regulation is under the integral reparation principle. In light of such omission, it is proposed to go to the homeland doctrine and jurisprudence, which has dealt the moral damage compensation, looking out a systematic interpretation of the legal order and raising disadvantages and costs that will bring not repair integrally, in our courts, to the victims of armed conflict.

Keywords : Land Restitution; Victims of Forced Displacement; Abandon and/or Land Dispossession; Integral Reparation Principle; Transitional Justice.

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