Indigenous law, criminal system and human rights

Main Article Content

Emiliano Borja Jiménez

Keywords

Principles of indigenous criminal law, mediation, social cohesion, potential social damage, rehabilitation, sanctions, mechanisms to protect human rights.

Abstract

The text is a review about the fundamentals of Latin America’s indigenous punitive systems, attending the reasons for the criminalization of certain behaviors and the characteristics of those punitive systems, since its internal rationality and compared with traditional legal systems in Europe, that coexist with them; leading one to conclude that indigenous punitive systems are not contrary to international instruments on human rights protection, as they require an interpretation agreed to the social systems that should be applied.

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