Descolonización jurídica de la protección del saber ancestral de las comunidades indígenas de la Amazonía. Régimen de protección cultural del saber ancestral de las comunidades indígenas de la Amazonía

Abstract

This work addresses the issue of ancestral knowledge of the indigenous people of the Amazon. This materializes mainly in the traditional medicine that the communities know as "elementales," and constitutes the center of spiritual, emotional, and physical development for these people, who usually use them or consume them as a means of healing. This traditional knowledge has some fundamental features that distinguish it from modern knowledge, hence the central research question is: What would be the ideal legal mechanism to protect traditional knowledge in the face of its social and cultural conditions of production?.

The general objective of the research then focused on formulating a decolonial approach of recognition and respect for this Ancestral Knowledge, that whatever legitimate and politically effective from pluralism and interculturality, and, that above all, exceeds the current economic legal model of intellectual property. Therefore, this objective delineates a scheme of cultural relevance that develops from interculturality and decoloniality, and establishes the basic elements of this form of protection that people require to preserve their ancestral knowledge. The last chapter defines the design and development of the AJC cultural legal self-protection model, which corresponds to the central approach of this Ph. D. thesis