masterThesis
Sentencias estructurales y sus implicaciones en procesos de gestión de la alteridad en contextos de diversidad cultural: Estudio de caso del auto 173 de 2012, Pueblo Jiw del norte del departamento del Guaviare y el sur del departamento del Meta
Autor
Riaño Molina, Norma
Institución
Resumen
This research seeks to contribute to a field of study that analyzes, from a critical perspective, the implications of the promulgation of court sentences with structural orders, in processes of management of otherness in contexts of cultural diversity. These are processes in which the “other” is produced as a human subject, culturally constructed, within the framework of such a construction in which the installation of devices which operate as technologies of control are justified. A case study is here developed remitting to Auto 173 of 2012, corresponding to "the adoption of urgent preventative measures for the protection of the fundamental rights of the Jiw and Nükak indigenous peoples in the departments of Meta and Guaviare, in the framework of inconstitionalities declared in court sentence T-025 of 2004, and of the court orders emitted in Auto 004 of 2009", in all that corresponds to the Jiw people. Elements are herein established in which sentencing structure is produced; the Jiw people are characterized in light of the otherness management mechanisms to which they have been exposed; the process for the implementation of Auto 173/12 is established and the extent of its effects on the collective are observed. In this way, it is evident that the judicial measure operates as a mechanism that supports the configuration of a narrative of subjects and their territories, which allows their administration as subjects-- suffering bodies ("cuerpos sufrientes" in Spanish) victims, which legitimizes modes of intervention within the humanitarianism framework.