La Reparación Integral de los Segundos Ocupantes Vulnerables en Colombia

Abstract

On June 10, 2011 the execution of the Victims Law was launched, with the purpose of attending, assisting, and repairing the victims of the internal armed conflict. The implementation of the law and the constitutional precedent established in Judgment C-330 of 2016, certain situations or conditions that were not foreseen by the legislator became evident, especially, the ignorance of a heterogeneous group known as second occupants and the omission of post-judgment institutions for its recognition and comprehensive reparation. This problem academically motivated the beginning of a research process, based on the question, ¿how to materialize the integral reparation of the second occupants, unknown by judicial sentence, prior to the constitutional precedent C-330 of 2016 by the land judge? To answer this question, the procedural laws and the extended jurisdiction of land restitution judges must be considered, as well as the fact that sentences are immutable and irrevocable. The research problem is answered by applying legal hermeneutics, from its formal idealistic philosophical current, through the systematic method and the technique of integration by induction to analyze the applicability of the extraordinary appeal for review, the constitutional mechanism of protection, the modulation of constitutional sentences and the addition of sentences of the General Code of the Process, which allows us to suggest some aspects to make the institutions more flexible, taking into account the differential approach of the law and the quality of the benefactor subject as institutions that allow to materialize the integral reparation of the second vulnerable occupants in Colombia.