Características fundantes en la jurisdicción indígena para atribuir una causa penal a la justicia ordinaria, de un miembro en comunidad wayuu en el sistema penal acusatorio

Abstract

One of the most controversial conflicts of jurisdiction between both jurisdictions in the Colombian legal system is the tension between indigenous justice and ordinary justice, on the understanding that constitutionality allows for peaceful coexistence between both and legalizes the capacity of indigenous communities Of administering justice always limited by the fundamental principles and rights that humanize this treatment, nevertheless in penal matter this problematic is increased, one of these cases is the predicable of the ethnic Wayuu, put in the jail of river exists a wide demography of members Of these ethnic groups, which is erroneous since the principle of socio-cultural and ethnic diversity establishes that the members of the indigenous communities must be judged according to the customs of these aboriginal groups, for this reason the present work aims to analyze the Founding criteria to attribute jurisdiction of a criminal case to the ordinary justice of a member of the Wayuu indigenous community.