Resumo

LOPEZ RAMON, Fernando. Legal basis for the Colombian peace agricultural agreement. Rev. Derecho [online]. 2022, n.57, pp.20-53.  Epub 30-Set-2022. ISSN 0121-8697.  https://doi.org/10.14482/dere.57.017.449.

The work seeks to identify the foundations of the agrarian reform following the juridical method, by using comparative constitutional law and Colombian positive law to establish the scope of the reform through historical, doctrinal and jurisprudential elements. The first section considers the agrarian reforms produced in Europe and Latin America as a reaction to the liberalizing processes of the first constitutionalism, that manifest the ideology of the Social Rule of Law, exposing its content related to the social function of the right to property and the freedom of enterprise. The second section summarizes the Colombian trajectory in this area, which is characterized by offering remarkable contrasts from the initial model of arbitrary property that, despite turning into the legal framework of the successive agrarian reforms that culminated in the constitutional framework of 1991, did not achieve acceptable overall results, since violence of displacements and dispossessions prevailed. The third and last section presents the comprehensive rural reform of the Peace Agreement as a matter of State, more precisely, of the Social Rule of Law established in Colombia; which is expressed in a high political consensus for the implementation of a relevant action program built on three pillars that make up the Colombian path of agrarian reform: the sustainable democratization of land ownership, the territorial transformation of communities and the national commitment against poverty of the peasant population.

Palavras-chave : Agrarian reform in Colombia; Colombia Peace Agreement; agricultural issue; comprehensive rural reform; nature and scope; property right; social function; social rule of law and agrarian reform.

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