Herramientas Útiles para el Operador Administrativo y Juristas al Momento de Abordar la Consulta Previa

Abstract

This text aims to reflect on several useful concepts for administrative operators or legal professionals in light of the fundamental right of prior consultation, reflect on concepts such as the State and the Colombian Constitution, from the perspective of the right of origin, in response to the existence of realities such as multiculturalism, interculturalism and plural rights in our country. An issue in which recognition and important steps have been taken, this implies confronting the institutions produced by the law of the majority society and those of its own or original law. The problem lies in the tensions between the theory of traditional law and that of the law of origin, as well as the theory of the state and non-Western conceptions of it, as well as the application and implementation of these figures. Including such concepts can result in the effective application of the constitution, as in a new analysis of the theory of the state, its foundation and its content and the law (This is only as an appetizer, for more in-depth studies on these topics). Since a study of the concepts of law, jurisprudence, its development and action are required, for the sake of brevity, the constitution, the state and the law of origin are analyzed in an introductory manner, as well as concepts of multiculturalism interculturalism and pluri law as necessary tools for jurists and operators, understanding the need to have the capabilities to equal and recognize other legal discourses.