The Right Land Ownership in the New Constitution

Abstract

This article examines the right to land ownership within the framework of the agrarian regime under the new Peruvian Constitution, focusing on integral agrarian development and the issue of smallholdings. Within this context, it is noted that although the Agrarian Regime prioritizes integral development, without effective agrarian reform, this could favor the wealthiest and perpetuate inequalities, as seen in Peru. In this sense, the author addresses the constitutional protection of property and criticizes the confusion between "right" and "guarantee" in the constitutional text, highlighting the possibility of other forms of private property not prohibited by law. Additionally, emphasis is placed on the social function of land ownership, which entails its use in harmony with social interests, and imposes obligations on the owner beyond neighborhood relations or public interest, such as the rational use or exploitation of land and direct management.