La reversión de la expropiación como instrumento de justicia social: Evaluación de su impacto en la restitución de derechos a la propiedad

Abstract

This research, entitled “The Reversion of Expropriation as an Instrument of Social Justice: Evaluation of its Impact on the Restitution of Property Rights”, follows a qualitative approach with a bibliographic-documentary design and an exploratory, descriptive, historical-critical, and socio-legal methodology. The general objective was to analyze the process of expropriation reversion in Ecuador and assess its effectiveness as a mechanism of social justice. The findings reveal that, although the reversion of expropriation is legally recognized in the Constitution, the LOSNCP, and the COOTAD, there is no clearly defined or structured procedure to ensure its proper application. This lack of legal clarity generates administrative and legal uncertainty, undermining its potential as a tool for social justice. Furthermore, the absence of secondary regulations leads to discretionary application by public entities. Regarding the restitution of rights, it is concluded that it plays a crucial role in comprehensive reparation processes, enabling not only the recovery of affected property but also the restoration of dignity to individuals and the strengthening of social cohesion. However, its actual impact remains limited due to procedural delays, arbitrary decisions, and a lack of legal safeguards, affecting both citizens and public administration negatively. It is recommended to reform the current legal framework, develop clear local ordinances, and implement public policies that promote a more effective, integral, and humane restitution of property rights, thereby fostering a genuine exercise of social justice in the country.