¿Qué jurisdicción debe aplicarse cuando se presentan casos de abusos sexuales a menores indígenas cometidos por un miembro de su comunidad, la especial indígena o la ordinaria?

Abstract

This article is intended to address the problem that arises when sexual abuse is committed to Indians by community members under thus in Colombia's high courts have not consolidated their positions to determine if the matter so you must know the indigenous jurisdiction the autonomy that are minorities, or the ordinary courts, due to the violation of rights of a child who has special protection by the state. The article was developed through a doctrinal and jurisprudential analysis; the first claim to know general aspects of indigenous jurisdiction to hear its application in the national judicial system and the second is looking to differentiate the position of the Superior Council of the Judiciary with the Constitutional Court.