Abstract

LUNA MORA, Hader Guillermo  and  TORO GARZON, Luis Orlando. Peculiarities Applicable to the Valuation of the Legal Proof on the Indigenous Law. Bol. Mex. Der. Comp. [online]. 2022, vol.55, n.165, pp.167-198.  Epub Dec 12, 2023. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2022.165.18609.

The valuation of the legal proof is central in the hermeneutic work of law, particularly for judges, since the meaning of any sentence depends on it. When indigenous communities or citizens intervene in a process, this valuation must consider their own right in accordance with the provisions of Law 21 of 1991. In this study from a qualitative approach, it is asked about the exercise of the evaluation of the evidence in the contexts in which indigenous communities or citizens are involved, considered as of special protection by the State. As a result, it is inferred that the duty to assess the evidence implies for all legal operators a process of decolonization of the exercise of law, with perspectives that obey alternative, ancestral, diffuse, heterogeneous and contextual logics of thought, but which are legitimate. As a conclusion and recommendations, some paths of action are drawn up, as a proposal, to advance in the legal mandate with constitutional force that calls for taking into consideration the indigenous law.

Keywords : valuation of the legal proof; customary law; indigenous people; Colombia.

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