Los derechos humanos como mecanismo de coordinación entre el sistema de jurisdicción ordinario y el sistema de jurisdicción especial indígena en el perú

Abstract

In multicultural societies like ours, where there is diversity in cultural identity, the need to protect existing native and rural communities in our country is a minority; Thus, Article 2, paragraph 19 of our Constitution recognizes and protects, among others, ethnic and cultural diversity of the nation. In the same vein, Article 89 recognizes the legal existence of these communities with legal personality and autonomy within the law, and Article 149 also recognizes the right to a communal special jurisdiction over the facts within the territorial scope of the native and peasant communities in accordance with customary law, provided they do not violate the fundamental rights of individuals, but also the State would be responsible for issuing the rules of coordination between special indigenous jurisdiction and ordinary jurisdiction, which until now no it has been given; so it is necessary to evaluate the institutions applying this customary law recognized by the Constitution and the limits established as a coordination mechanism between the system of ordinary and special justice.