La constitución multicultural, el Estado de derecho y la flexibilización de las formas jurídicas

Breve reseña de la justicia indígena del pueblo Chibuleo en Ecuador

Abstract

In this presentation I articulate some considerations about the Multicultural Constitution in Latin America as it way recently enacted in some Andean countries like Bolivia and Ecuador. The Multicultural Constitution, as a process of emancipation of indigenous peoples in Latin America has provoked not only substantial changes in the traditional legal architecture of Latin American constitutionalism but also permitted the use of the Constitution as a counter-hegemonic and decolonizing instrument.. The constitutional recognition of indigenous justice and its own distinct forms of legal production, has challenged the traditional concept of formal law. Paradoxically, the re-emergence of indigenous law and justice was achieved through the use of formal and legal instruments which historically had been used to strengthen colonial dominance over indigenous peoples. I will analyze very briefly the case of the indigenous people of Chibuleo and their own system of justice stressing the emancipatory and social cohesion effects which have resulted from the implementation of the autonomous indigenous judicial system. This analysis is based on some theoretical tools provided by globalization studies and global governance scholarship and focused on the transformative role that global counter-hegemonic social movements have played in the de-construction of traditional state in a context of economic globalization in some countries of Latin America.