Abstract

RUIZ MORATO, Natalia. Resistance and the Survival of the Indigenous Justice in Colombia. Rev. Cient. Gen. José María Córdova [online]. 2016, vol.14, n.17, pp.347-375. ISSN 1900-6586.

This paper presents historical and sociolegal research on the operation of the Special Indigenous Jurisdiction, which was conducted with the aim of locating the tensions and difficulties within ordinary jurisdiction. This study identified enimical relations between jurisdictions, and a negation of the law as source application valid form of conflict resolution of indigenous peoples in Colombia. The main result thus evidenced is that of the inability of the Colombian legal system to harmonize the legal pluralism established in the Colombian constitution, and thus the Special Indigenous Jurisdiction is a means of survival and vindication of indigenous groups in Colombia. An alternative solution is proposed in shape of an incorporation of deliberative democratic schemes for multi-ethnic societies.

Keywords : Special Indigenous Jurisdiction; legal pluralism; indigenous vindications; sociolegal research.

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