THE CONSTITUTIONALITY OF THE JUDICIAL EXPROPRIATION

This article is mainly concerned with the examination of the constitutionality of the judicial expropriation institute (set forth in 4 and 5 of Article 1228 of the Civil Code). To achieve this purpose, it analyzes some issues that involved its conception and the identification of its legal nature. Furthermore, it makes doctrinal and jurisprudential analyzes about the functionalization and legal-constitutional regime of property. At the end, it demonstrates the conformity of this sustainable instrument of regularization of consolidated informal urban settlements with the constitutional order.