Scope and Limitations of the Allocation of Assets Subject to Asset Forfeiture in the Popular Economy Policy and the Generation of Land for “Total Peace”

Abstract

Background. Asset forfeiture extends beyond the judicial sphere and includes an administrative dimension related to the custody, preservation, recovery, and allocation of assets of illicit origin. In Colombia, during the 2022–2026 presidential term, the use of these assets was promoted to support the policies of the popular economy and Land for Total Peace.

Methods. A qualitative study with a documentary design and descriptive-evaluative scope was conducted. The analysis was based on legislation governing asset forfeiture, public policy documents, institutional reports, and data on the administration and transfer of assets managed by the Special Assets Company. The information was examined through a legal, comparative, and critical approach aimed at assessing the consistency between governmental objectives and the results achieved.

Findings. The study shows that the administrative management of assets subject to forfeiture involves an integrated cycle that concludes with their allocation in kind or with the transfer of proceeds obtained from their sale. However, transfers directed toward the popular economy and Land for Total Peace have remained limited, while a significant share of resources continues to be linked to traditional drug-control policy.

Interpretation. Asset forfeiture can serve as an instrument of social redistribution and economic development, provided that its administration is efficient, transparent, and consistent with public policy objectives. The findings reveal a gap between governmental discourse and the effective social allocation of recovered assets.