Resumo

CARBONELL, Miguel. La constitucionalización de los derechos indígenas en América Latina: una aproximación teórica. Bol. Mex. Der. Comp. [online]. 2003, vol.36, n.108, pp.839-861. ISSN 2448-4873.

This essay examines some of the difficulties that the process of constitutiona lization of indigenous peoples' rights has faced in Latin America , from the point of view of legal theory. The author identifies and analyses the most important problems that the recognition of indigenous peoples' rights has produced in practically all the countries of the region. The problems identified by the author are: the identification of the subject, the tension between the individual and the community, the harmonization of national law and the law of indigenous peoples, and the tension between the right to autonomy and social rights.

Palavras-chave : rights of indigenous peoples; constitutional law; legal theory; social rights.

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