Abstract

FERNANDEZ DROGUETT, Francisca. Cultural expertise as an anthropological practice in the defense of indigenous defendants in Chile: towards the construction of a possible legal pluralism. Andamios [online]. 2020, vol.17, n.44, pp.275-293.  Epub Sep 27, 2021. ISSN 2594-1917.  https://doi.org/10.29092/uacm.v17i44.801.

In this article, cultural expertise will be problematized as an anthropological practice used to understand the environment and behavior of defendants in situations of cultural diversity. Reflection will be made on procedural activity and the possible construction of a new relationship between indigenous peoples and the State, based on a review of the definitions of legal pluralism and their involvement in a policy of recognition, of indigenous law and the differentiation between customary law and proper law, the role of anthropological expertise, the delimitation of the indigenous subject and the notion of culture present in the Chilean judicial system, considering the experience of indigenous defense in Chile from the Public Defender’s Office.

Keywords : Expertise; anthropology; indigenous peoples; indigenous law; legal pluralism.

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