Controversias jurídico-dogmáticas entre el derecho civil y el derecho penal: caso del ejercicio del derecho de posesión en Colombia

This research establishes the existence of tensions between the criminal and civil legal systems regarding the possible criminal consequences of the exercise of possession as a means to attain acquisitive prescription of ownership. A qualitative study was developed using the research tools of documentary analysis and legal dogmatic research. Therefore, use was made of the case law related to the subject, issued by both the Civil Cassation Chamber and the Criminal Cassation Chamber of the Supreme Court of Justice, in addition to the expert opinions of national doctrine. As a result of this analysis, the unfeasibility of criminal legal protection in cases of possession of land by third parties was established, given its transgression of constitutional precepts.