Abstract

BENAVIDES ASCUNTAR, Jorge Enrique. Indigenous jurisdiction in the criminal accusatory system. Entramado [online]. 2011, vol.7, n.2, pp.98-114. ISSN 1900-3803.

This research arises out of the need to resolve the conflict of jurisdictional competence using the criminal accusatory system procedure because of the injustice and impotence of indigenous authorities who are unable to prosecute the members of their communities when they commit "crimes". The problem begins with the general nature of the main dogmatic basis and the inconsistency with aboriginal constitutional organic rules, but particularly with indigenous jurisdiction, which must adhere to the constitution in order to address the specific issue of the resolution of the jurisdictional conflict. To this end, the values, principles, and constitutionality of the indigenous jurisdiction were analyzed and interpreted, taking into account the semantic expressions found in article 246 of the Colombian constitution. The findings of this research proposal derive from an inconsistency between the legal and regulatory systems of different, but equal cultures. This constitutional, legal, and case-law analysis shaped a concrete proposal for a special hearing as an admissibility requirement for resolving the conflict of jurisdictional competence. This proceeding, which is not legally regulated, is a legislative omission. In this respect, it is advisable to take into account these findings as a proposal for making an addition to Law 906 of 2004 or for enacting the jurisdictional coordination act. These findings can also be considered by the Constitutional Court in reviewing rulings in the case of actions for the protection of constitutional rights regarding issues of this nature.

Keywords : Leadership; natural leadership; effective leader.

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