Coexistencia y conflictos jurisdiccionales entre la justicia ordinaria e indígena.

Abstract

Through this essay, we will analyze the coexistence and interrelationship of ordinary and Indigenous justice systems, with the aim of highlighting the interaction between Indigenous law and the ordinary judicial system. Reference to coexistence refers to rulings on mining and Indigenous rights, where the Constitutional Court emphasizes prior consultation and the participation of communities in legislative decisions. Reference to coexistence is manifested in rulings on Indigenous justice, guaranteeing their autonomy and the principle of non bis in idem, highlighting cases of deprivation of liberty without respect for due process, and underscoring the need to interpret norms from an intercultural and pluralistic perspective to avoid rights violations. Therefore, through qualitative methodology using the content analysis technique, we conclude that although the two justice systems are completely different, they must coexist and coexist within the same state due to mutual respect and harmonization.