El Lenguaje jurídico penal como derecho fundamental, en resguardos indígenas a través de la etnoeducación

Abstract

The purpose of this paper is to examine the importance of criminal legal language as a fundamental right within the indigenous reservations of the Nation through ethnoeducation, as well as to expose the deficient level of its implementation and address the issue of determining whether clear language constitutes a fundamental right. The answer is yes, since clear communication and the ability to understand one another are essential requirements for any form of activity or interaction, not only in law, but in all forms of daily communication. Therefore, considering the above, how could principles such as legality be guaranteed? How could legal certainty be developed? Based on these questions, we will also address the most concerning issue presented here: what are the effects and problems arising from unclear language? One possible answer to this situation is reflected in the fact that, although law is a dialogical discipline grounded in language, these principles are not respected. For a dialogical discipline to function, the minimum requirement is to agree on the terms and words that will be implemented. However, in Colombia, this has not been achieved. Consequently, among the existing problems, there are multiple meanings attributed to a single word within criminal offenses, which becomes controversial among legislators, lawyers, and the judicial system.