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Cuestiones constitucionales

Print version ISSN 1405-9193

Abstract

VIVAR VERA, Juliana. Indigenous Justice as a Resignifier of Human Rights in the Mexican Criminal Justice System. Cuest. Const. [online]. 2023, n.48, pp.357-388.  Epub Jan 12, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.48.18046.

Constructive analysis of the mexican criminal justice system is carried out in indigenous peoples for a pluricultural criminal justice. The objective is to propose a criminal justice system with a Mexican identity that redefines the human rights of indigenous people in the penal system from a position of decolonial measure and understanding of the concept of human dignity with a leading role originating in culture and custom to understand crime, damage and solution. To achieve this, the incompatibility of the penal system with the indigenous worldview is analyzed and it is shown as a discriminatory and violent tool that victimizes indigenous people. It concludes by highlighting original material elements as an inclusive measure and to strengthen the mexican criminal justice.

Keywords : access to criminal justice; Indigenous human rights; National identity; Indigenous criminal justice.

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