THE ACTION FOR EXTINGUISHMENT OF THE RIGHT OF OWNERSHIP

Abstract

According to several Latin American countries that have incorporated into their legislation the figure of the extinction or deprivation of the right of ownership, criticisms or questions have arisen regarding its constitutionality, or the alleged violation that occurs through the application of such institution to the guarantees of the right to private property, presumption of innocence, due process, right to defense, etc. This essay intends to answer these questions and explain in a simple manner the characteristics and the way in which this action operates, as well as to try to explain what has been the need of the States to create this legal tool, as a mechanism to combat organized crime and public corruption.