Derecho transicional de tierras

What is the function of agrarian law in Colombia? This essay asks that question constantly. Agrarian law has evolved from food production and access to land for farmers - towards the regulation of various actors in mining, agribusiness, tourism, environmental services, energy, among others. The use of land and its effects on the sustainability of natural resources expands the intervention framework of agrarian law towards a comprehensive land right capable of providing responses to global warming.

The essay maintains that the role of the State is to arbitrate rural conflicts. It is the application of a dynamic law that imparts justice in the territories by weighing the environmental, social, economic and cultural variables. In the case of Colombia, which seeks to overcome a prolonged armed conflict, it is a transitional land right that observes its causes and imposes corrective measures designed by transitional mechanisms to prevent its reproduction and thus promote local and national reconciliation.

The book studies the UN Resolution (2018) that recognized peasants as subjects of special protection. It illustrates the historical omission of the State and the risks of ineffectiveness in its regulatory role. Analyzes the effects of the armed conflict on peasant victims and the restorative justice approach applied by the System of Truth, Justice, Reparation and Non-Repetition. It proposes a model of collective and symbolic reparation that deepens territorial peace and social dialogue initiated by the Development Programs with a Territorial Approach (PDET) so that land rights meet the objectives of transitional justice.