PRINCIPALES IMPLICACIONES DE LA EXISTENCIA DE UNA JURISDICCIÓN PENAL INDIGENA EN EL ÁMBITO DEL PRINCIPIO DE LEGALIDAD EN EL ORDENAMIENTO JURÍDICO PENAL COLOMBIANO

Abstract

The analysis of article 246 shows the four central elements of indigenous jurisdiction in our constitutional system: the possibility that there are judicial authorities of the indigenous peoples, the power of these to establish their own rules and procedures, the subjection of said jurisdiction to the Constitution and the law, and the power of the legislator to indicate the form of coordination of the indigenous jurisdiction with the national judicial system. The first two elements make up the nucleus of autonomy granted to indigenous communities -which extends not only to the jurisdictional sphere but also to the legislative sphere, insofar as it includes the possibility of creating "norms and procedures", while the second two constitute the mechanisms integration of indigenous legal systems within the context of the national system. However, identifying the jurisdiction and jurisdiction factors applicable to the Special Jurisdiction for Peace involves determining the constitutional concepts applied within the national territory, including those areas where autonomy empowers self-determination and application of the administration of justice. . Legal pluralism and ethnic and social multiculturalism enable the community evolution of the factors introduced into the Colombian legal system, in order to allow the recognition of practices, knowledge, structure and applicable models by population considered constitutionally special. The coexistence of legal systems in Colombia enables the social foundation of the institutions, recognizing popular sovereignty and the configuration of an evolutionary society, capable of guaranteeing culturally different societies respect for culture and ethnic diversity, and in the same way, strive for an autonomous space where these certain issues, such as those related to the field of law, are resolved within their own society.