Estado Social de Derecho Colombiano: una Mirada al Concepto de Territorio y su Organización en los Pueblos Indígenas

Abstract

The definition of territory and its organizational forms have been the subject of discussion during this last century; the above is partly due to the transformation that has occurred in the recognition of other forms of life, organization, culture and politics that have led us to rethink the classical theories in the formation of the State, as one of the examples of this exercise is the relationship with native people. It is in this sense that this research is framed in the observation and description of the theoretical and legal foundations that were taken into account in the concretion of the concept of territory in the Colombian State, its relationship with the native people, and the bets that were made with occasion of the 1991 Constitution that allows us, in a first measure, to recognize the indigenous territory not from the geographical but from the cultural, social, jurisdictional and administrative scope, which would allow us to advance in a restructuring of the classic vision of the concept to recognize and protect the organizational visions of native people.