Análisis e implicancias del diseño constitucional de la justicia de las comunidades nativas y campesinas y su relación con la justicia ordinaria: el caso peruano
Justice in its legal configuration, specifically criminal, is a cultural product that should not be distanced from its ethical justification, due to its anthropological character, which entails the most felt aspiration of equity that has the person and the community. The political constitution of a...
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| Formato: | Artículo |
| Idioma: | Castellano |
| Publicado: |
2018
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| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6533404 |
| Fuente: | Archivos de Criminología, Seguridad Privada y Criminalística, ISSN 2007-2023, Nº 21, 2018, pags. 94-108 |
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| Sumario: |
Justice in its legal configuration, specifically criminal, is a cultural product that should not be distanced from its ethical justification, due to its anthropological character, which entails the most felt aspiration of equity that has the person and the community. The political constitution of a multiethnic and multicultural state, such as Peru, recognizes the jurisdiction of the native and peasant communities, as a special jurisdiction, which integrates it into ordinary jurisdiction, just as civil, labor, Of family, commercial, criminal, among other specialties, although that jurisdiction has the philosophical, anthropological, sociological and historical bases necessary to be considered a jurisdiction of exception, as it is the case of the military and arbitral jurisdictions, both for respective reasons Sui géneris. In the consequent coordination between the ordinary jurisdiction and the jurisdiction of the native and peasant communities, it appears an address directed by the one on it, which causes a serious asymmetry in the duty of the state to incorporate these communities to the horizon of Modernity, resulting in this coordination more favorable to the interests of ordinary justice, which is framed in the deficient and unjust common judicial system. |
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