Estado crítico de la propiedad rural colectiva en Colombia

Abstract

The Colombian Constitution, 58 article, guarantee private property and gives a social function and have duty to foster protection of landholdings under associational and collective forms. In this constitutional context and around the globalization theories and development politics, the objective of this work is to determine whether the Colombian state by the current rules and public politics, can guarantee, the small collective rural property and the survival of ethnic communities. For this objective, will be discussed about property theories as the theories of Daniel Fitzpatrick, to analyze whether these theories are applicable for community land ownership. As a result it obtains the interpretation of law, doctrine and jurisprudential on collective ownership of lands. The absence of legal guarantees is demonstrated in these groups where the property is associated with basic living conditions, cosmogony and cosmology regulations and therefore is a fundamental right to a dignified life of individuals. It could be conclued that public policies and regulations do not respond to the needs of smallholders, but it could respond to supranational policies that migrated from the classical theories of property rights to the “bare ownership”.