¿La enajenación temprana contemplada en la ley 2294 de 2023, viola el derecho al debido proceso de los investigados en la jurisdicción de justicia y paz?

The 1991 Constitution consolidated the social state of law in Colombia, establishing the principle that state actions must guarantee fundamental rights, such as access to due process. However, Law 2294 of 2023, part of the development plan "COLOMBIA, A WORLD POWER OF LIFE," introduced early alienation of assets as a measure to improve the management of assets linked to criminal activities, particularly in the context of the armed conflict.

This figure, which allows the state to dispose of assets linked to judicial processes before a final judgment, has sparked controversy as it risks infringing on fundamental rights such as due process, the right to defense, and the presumption of innocence. The article analyzes whether this measure violates these rights and conducts a proportionality test to assess its constitutionality in the domain extinction process within the Special Jurisdiction for Peace.