Abordaje de los conflictos agrarios desde el estado: caso Ciénaga Grande del Bajo Sinú, Córdoba
Méndez Hernández, Luis Alberto | 2021-11-04
This final research document presents the results of the Project “Abordaje de los conflictos agrarios desde el Estado. Caso ciénaga grande del bajo Sinú”. The approximation done on this type of conflicts is stated from the law margins, as well as the derivations of its treatment. The purpose is to identify the way how the State has juridically faced agrarian conflicts in this lagoon system. The applied methodological approach is the socio-legal method from which the administrative acts, statewide structures and legal dispositions are analyzed for the use of these goods and the discrepancies they cause in the territory. The findings point that the transition from the colonial State to the modern one created legal institutions in Colombia with withdrawal characteristics that hinder the acknowledgement of new legal entities in the agrarian field, since they have some limits, that in some cases, result inoperative since through the right of usage contract the power to the Agencia Nacional de Tierras [ANT] is conferred to a unusual continuous growth level producing an unappropriated elongation of the farmers’ rights to accede to land. In view of what has been said, it was agreed to stablish a rigid distinction between the classic communalist property right and what we call a redefinition that prohibits a differentiated treatment of this right, according to the relationships of the subjects who claim it.