Right to private property, expropriation and prohibition of confiscations in Colombia

Abstract

The Political Constitution of Colombia of 1991 regulates the figures of expropriation and confiscation, the former widely accepted and regulated by the Colombian legal system, and the latter as a punitive sanction action is prohibited, since it violates the rights of individuals considerably affecting their patrimony. In this understanding, the definition of property is studied from the definition of property as it can be of private and public domain and how that which is subject to private rights can become state patrimony when, due to its characteristics, it must comply with a social, economic and ecological development function for the country. Thus, the protection actions towards the private are effective only when, with the support of the law, it is demonstrated that the purpose of the State is not the one already established to expropriate, but rather it exceeds the limits of its power and, disguising as fiscal goods, it suppresses the rights of the people when the requirements to subtract such goods from the private patrimony are not fulfilled.