Los límites impuestos a la justicia indígena y su cosmovisión cultural en relación a los Derecho Humanos tutelados en la Constitución de la República de 2008

Abstract

How vain it is to sit down to write when you have not yet stood up to live. Henry David Thoreau.

Indigenous peoples have historically been considered as barbaric, this idea was supported by the practice of their customs when applying justice, however, thanks to the constant struggle of these communities and the studies performed by various doctrinarians, society, and the government have begun to respect their worldview and way of life in society, this thanks to the constitutional recognition of what is called legal pluralism, which has to do with the guarantee provided by the State to the application of sanctions that these peoples and communities impart, however, there have been several retractors who have stated that these practices violate human dignity, so they consider that the administration of justice within these peoples and communities should be regulated by the ordinary justice system. This research aims, through a qualitative study and using the methods of bibliographic and analytical-synthetic review, to study whether indigenous justice, in establishing its ancestral sanctions, violates human rights enshrined in the Magna Carta and international treaties, thus exceeding the limits established in the Constitution of the Republic.