The criminal jurisdiction and the indigenous in Colombia

Abstract

From a socio-legal approach, this article sets out to analyze the material validity that the penal jurisdiction and indigenous jurisdiction law have at the moment in Colombia. In order to achieve this objective, the text describes, contextualizes and analyzes the repercussions that in them they have, of a side, the armed political conflict and, of the other, the limits constitutionally imposed by the human rights to the indigenous legal systems, especially when these regulate “crimes”, processes and sanctions of penal relevance. In this last subject, it is outlined like legitimate answer, the intercultural dialogue between the towns that form our nation, which must be characterized by the mutual respect, the equality of all the participants and the outlawing of any vestige of cultural and epistemic imperialism.