The National Government says that it is not seeking to expropriate, the truth is that it has sought norms to do so since it took office. First it was in the National Development Plan where they introduced express expropriation, however, we managed to modify it. They cleverly inserted another similar article into a proposition that was voted on without even being read. Today we have sued her before the Constitutional Court. Then the draft of the decree that developed the article came out and there was a great stir. Once again we are faced with the same expropriation desire. Now with the form of Agrarian Jurisdiction. A monster that was agreed upon in the Havana agreement – although there without content – now becomes an effective tool to abolish private property.
The bill, which develops an already approved constitutional creation, enters first debate next week in my First Committee. Due to the battles we have had to fight against health and pension projects, it has gone unnoticed. The project is very serious.
With the Agrarian Jurisdiction constitutionally created, this project establishes that it will seek access to land ownership for peasants without land or with insufficient land. It will fight against the concentration of land. In addition, it takes functions to overcome informality in land ownership. With a principle of special protection of the weakest in relations of tenure and agricultural production. And a consequence of absolute total lack of protection for the productive sector.
Just reading it leaves only questions:
Is the invader who wants the land weaker or is the owner of the land they want to expropriate weaker? When it is decided to give the property to another, how does compensation proceed, if there is any? Who pays and at what price?
The new criterion that this government creates for the possession of land is no longer the deeds on the land but who the jurisdiction defines as weak.
The jurisdiction may also provide guarantees of access to land to farmers without land or with insufficient land. Then legal land owners will have to hand over their property to whoever the jurisdiction defines as a farmer without enough land. New form of expropriation.
The project establishes the principle of “agrarian permanence”, with this the government wants to legally shield land invaders. It is established that judges will seek to guarantee regular possession of the occupied land for productive purposes and will avoid acts of eviction that interrupt productive activities necessary for self-sufficiency. With this, no owner will be able to remove the invaders. It is an invitation from the government to invade sugarcane, coffee, rice, corn, palm, etc. crops. This will trigger violence in the countryside.
Judges will also have super-powerful powers. They may rule “extra and ultra petita”, that is, beyond what the plaintiff requests. With this they protect the invader and will be able to determine any other measure so that they are never affected by the legitimate owners. In addition, they may determine any precautionary measure so that the invaders are not removed from the property. The project also creates the level of consultation only to analyze sentences adverse to the peasantry. A third instance in favor of the plaintiffs?
Non-Governmental Organizations may also intervene in the processes. These may represent the plaintiffs or vulnerable people even if the plaintiff has not given them power to do so. Let us remember that many of these NGOs are known for presenting false victims in judicial proceedings. In addition to this, they may request a review of sentences.