Legal pluralism: an approach from the new latin american constitutionalism and the jury of the indigenous court

Abstract

Through the presented article we seek to analyze the way Indigenous Peoples insert themselves in the context of the new Latin American constitutionalism, with a special focus on the aspect of the legal pluralism and on the way the Indigenous Peoples act towards the Judiciary. For that, the paradigmatic cases of the Ecuadorian, Bolivian and also the Brazilian constitutions are analyzed. From there, we go to the concrete cases, where factual situations are verified, at least in theory, where the natives had an active participation in the judiciary criminal process in Brazil. The main goal of this article is to scrutinize how those cases configure what denominates as legal pluralism and in what standards the Brazil differentiates from the other Latin American countries on the legal custody of the indigenous rights and the recognition and respect of "the other", here understood as a native.