Persona:
Cardona González, Álvaro Hernando

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  • Publicación
    Acceso abierto
    El Decreto 578 de 2018 y los procesos de reconocimiento de dominio rural
    (Bogotá : Universidad Externado de Colombia, 2020., 2020) Cardona González, Álvaro Hernando; Vargas Moreno, Yehison Fernando; García Pachón, María del Pilar
    From the specialty of the denominated Land Law or Agrarian Law, legal science has a great challenge in Colombia to avoid social conflicts that may arise when distributing the rural territorial surface between those who want it and can exploit it, and those who possess them materially, due to the incessant growth in demand for new lands available for agricultural or livestock exploitation, the growing needs of non-renewable natural resources and the constitutional obligation of natural conservation to guarantee the sustainable development of the Nation. Although the country has recognized the importance of closing the rural poverty gap and generating the factors to prevent migration to the cities of men who have a vocation to develop agricultural activities and has tried to implement policies and legislation to address these problems. Today, there is still a need to guarantee the food sustainability of the population and satisfy the economic desires of a growing population, which brings with it greater pressures to have more areas for agricultural exploitation. In order to formalize the holdings and possessions on rural properties with registration records that begin with false tradition, which have evidenced the enormous informality in the ownership of the domain or property over the rural property, the State issued Decree 578 of 2018, which generates many susceptibilities that merit analyzing and guiding a unique legal position. And there arises the purpose of this four-hand article between who must promote the formalization administrative processes supporting the responsibilities that in this matter correspond to the National Land Agency (ant) and who must ensure the defense of the interests of the farmers from the Public Ministry. Of course, without the presumption of declaring the debate exhausted, but instead providing elements from their experience for a better analysis.