Resumo

URBINA MENDOZA, Emilio J.. Contributions of Latin American Constitutional Justice to the Development of the Concept of Qualified Good Faith in Asset Forfeiture. Rev. Derecho [online]. 2025, n.31, e4693.  Epub 01-Dez-2025. ISSN 1510-3714.  https://doi.org/10.22235/rd31.4693.

The incorporation of new forms of non-punitive prosecution against economic crime entails not only the adoption of new procedures but also substantial modifications to traditional concepts in legal doctrine. One of these is good faith as invoked by third parties in asset forfeiture proceedings. The substantively constitutional nature of this legal institution, combined with its civil procedural dimension, has transformed the notion of good faith into what is known as qualified good faith. Over the past 30 years, Latin American constitutional courts-particularly the Colombian Constitutional Court-have shaped this distinctive concept, which differs from the generic understanding found in civil law

Palavras-chave : constitution; property; qualified good faith; asset forfeiture; constitutional justice.

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