Abstract

ROA ROA, Jorge Ernesto. Legal pluralism and coordination instruments between the indigenous judicial system and national judiciary in Colombia. Rev. Derecho Estado [online]. 2014, n.33, pp.101-121. ISSN 0122-9893.

The negocial method -as an instrument to make policies to define the boundaries and the coordination parameters between the indigenous judiciary systems and the judiciary- is a constitutional mandate under the Colombia Constitution of 1991. However, after two decades since the Constitution was enacted, the negocial method has failed because does not exist a true process of deliberation aiming to enact a coordination law between jurisdictions. The coordination criteria, the boundaries and the definition of the competence conflicts have been established and shall be established case by case by the Judiciary Supreme Council or by the Constitutional Court. Finally, the success of the negocial method cannot guarantee neither the elimination of conflicts nor exclude the use of the jurisprudential method.

Keywords : Legal pluralism; indigenous autonomy; indigenous judicial powers; Constitutional Court; judiciary.

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