Vulneración del Derecho a la propiedad en la adjudicación de tierras, por parte de la autoridad agraria nacional en las parroquias urales del catón Cuenca, al no permitirle disponer del bien al beneficiaro

Abstract

This work was performed based on a thorough investigation of the different entities that were created and suppressed throughout the History of Ecuador, to provide a service of adjudication and legalization of lands, as we are going to talk about the rural lands of the Canton Cuenca, the importance of this investigation lies, especially, at the moment where, when, and how the freedom to dispose of their property is violated. In this context, the existence of a conflict that harms the Right to Property will be demonstrated. According to the information gathered in the Constitution, we clearly find that it does not stipulate prohibitions or impediments in any form, the law is clear, it is not possible to prevent the grantee from selling the property that by law has been granted to him, thus violating his right to the use, enjoyment, and usufruct of the property that has been awarded. On the grounds of the aforementioned reasons, in this monograph an analysis of the Right to Property and its Violation will be made, the description of the procedure in the adjudications of land by the National Agrarian Authority, the conditions of the, adjudications of the National Institute for Agrarian Development (INDA, in Spanish), and the Under Secretary of Lands will be analyzed, numeral 9 says: "Provided that the successful bidder complies with the exploitation plan within the established term, they will be able to alienate of the property." There is no consonance between the Constitution and the Law of Rural Lands and Ancestral Territories and its Organic Law; each one manages its law and does not comply with the provisions, violating a Constitutional right, such as the Right to Property.