Analysis of the Recovery Procedure in the Agricultural Land and Agrarian Agricultural Development Law of 2005

One of the measures proposed by the Agricultural Land and Agrarian Development Law to achieve land distribution is the recovery of illegally occupied state-owned lands, whose analysis is the general objective of this paper. To achieve the proposed objective, a juridical-descriptive investigation was performed, using documentary analysis techniques on doctrine, legislation and jurisprudence. Conclusions were that land recovery constitutes a judgment of recognizing claims at the administrative center, which leads to violating constitutional and legal rights. The procedural time is less than the summary administrative procedure regulated in the Organic Law for Administrative Procedures of 1981, accompanied by a high degree of discretional power given to the National Land Institute. A legislative review of recovery procedure is recommended, in order to guarantee respect for the Constitution and the Law.