¿En la expropiación administrativa colombiana, llevada en el municipio de Medellín, se presenta la violación al debido proceso?

Abstract

In the modern law the property is recognized like a relative right and no absolute, as principles evolution result of philosofic and politic order which have influenced in the process of their juridical consolidation, as it’s the case of the prevailing of the general interest about the particular, which has contributed to limitate in good measure the rights, attributes or powers recognized to the owners by juridical patterns. That absolutist conception of property, has ceded gradually to the new reality which demands the completion of charges, as juridical ones as social ones by part the official of the real right of domain that in determined moment involve it in subjective concepts like the public utility and social interest and they contribute to develop a mechanism like it is the administrative expropriation, to get the private properly performs that social function that the 1991 constitution assigned it and like this the Colombian State. Purposes can be performed, but, by doing an analysis of the administrative expropriation project it is concluded that although the process is carried according to the established in the law 388 of 1997 ruled by the decree 1420 of 1998, It’s presented in som of its stages, violations tot the fundamental right, due process consecrated in the article 29 of National Constitution.