Indigenous justice and new constitution: Challenges for the future of Chile

Abstract

The demands for the constitutional recognition of indigenous peoples have been echoed in the discussions on a new constitutional framework for Chile, opening the discussion to the recognition of indigenous legal systems, abandoning the prevailing monist tradition. The recognition of legal pluralism implies a complex task of adaptation of the institutions of the non -indigenous system, in which the experiences of other Latin American countries can be useful for the identification of the main problematic knots that must be taken into consideration, for the recognized coexistence of diverse
legal systems. The recognition of indigenous normative systems implies reinforcing the
State’s commitments in terms of access to non-indigenous justice for indigenous peoples, insofar as it implies the incorporation of an intercultural perspective in the exercise of the jurisdictional function. In order to contribute to these discussions, some comparative reflections and the essential elements for the legislative process that constitutional recognition implies are presented.