Derecho - Palmira
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Item Análisis Jurisprudencial Sobre El Debido Proceso Aplicado En El Régimen De Propiedad Horizontal.(Universidad Santiago de Cali, 2023) Tabares Holguín, Ricardo; Alarcón Peña, Andrea (Asesor)Due process is a right that enjoys special protection under the Colombian legal system, established as a fundamental right in the Political Constitution. This right is an essential guarantee in any sanctioning process, including the Horizontal Property Regime (Law 675 of 2001). Although it has the autonomy to impose sanctions, it must respect this right and constitutional guidelines. This study will focus on the analysis of specific cases where the distorted application or non-compliance with due process by the administrative bodies (Assembly, Council, and Administration) is evident against individuals linked to the co-ownership (co-owners, tenants, or third parties). The violation of this right, particularly in sanctions with deficiencies in procedural law, has generated relevant jurisprudence that will be analyzed to contextualize its configuration, identify the flaws, and explain why individuals must resort to the judicial system to protect this fundamental guarantee.To develop the present work, an analysis of the jurisprudence has been carried out, reviewing all the existing sentences in the matter, which are correlated with the same legal problem presented, to finally make the pertinent conclusions with a comprehensive proposal of solutions that correct the errors presented. within the sanctioning procedure of the Horizontal Property Regime and foresee a violation of due process due to non-compliance with it.