About This Book
This work, by professors Jiménez and Urbina, systematizes all the doctrinal and jurisprudential manifestations that, in Latin America, address the problem of good faith in the processes of asset forfeiture. To this end, the book is divided into three parts. The first is dedicated to the terminological, contextual, and historical study of good faith that has been carried out over two millennia. In this regard, the conversion of fides into bonae fides in Roman law is carefully reviewed, projected toward civil codifications, the basis of the modern civil theory of good faith. The second part contextualizes and focuses on terminological, characteristic, and modeling aspects of asset forfeiture, highlighting its dual legal nature: substantively constitutional and adjectivally civil (actio in rem). This peculiarity entails a modification of the concept of good faith applicable in asset forfeiture proceedings, since, if the institution (the State's constitutional power to correct property) is substantially constitutional, simple civil good faith would be incompatible. To answer this question, in the third part of the book, the authors analyze and systematize the entire jurisprudential body that Latin American constitutional justice has characterized regarding good faith in the forfeiture asset, giving it the unquestionable nickname of qualified good faith. The work concludes by analyzing each of the fourteen (14) characteristic features constructed by constitutional courts and tribunals regarding good faith in the forfeiture of domain, as a contribution to the construction of the so-called Latin American ius commune of the forfeiture asset.
