Colisión de principios constitucionales, legalidad vs igualdad, pluralidad, diversidad étnica en el estado de derecho. El caso del pueblo indígena “Nukak” en el departamento del Guaviare.

Abstract

This research describes the worldview of the Nukak people present in the department of Guaviare. Their idiosyncrasies, beliefs and customs are addressed to establish their social environment in relation to the resources that the Colombian state grants from the general system of participations destined to attend to their unsatisfied basic needs. The social and cultural crisis experienced by this indigenous people impacted by colonization, the displacement of ancestral territories by actors of violence and the preponderance of different illicit economies that leads them almost to the extermination of their own nature and history are problematized. Through the analysis of documentation, the legal and doctrinal review in relation to the collision of constitutional principles that the same legislation causes and the field work in situ, it is concluded that there is no coherent legal framework that allows for the effective disposal of the currently dammed resources. to overcome your current living condition; It is the same Rule of Law, through Law, that leads to exclusion, unequal treatment and ignorance of their ethnic diversity.