SISTEMAS SANCIONATORIOS INDÍGENAS Y DERECHO PENAL: ¿SUBSISTE EL AZ MAPU?

Abstract

Indigenous justice is and has been a worrying issue in Latin America. In Chilean criminal law there are serious deficiencies on the intercultural approach it should have, in light of international human rights of indigenous people and the indigenous members inhabiting our territory. Indigenous sanctioning systems have gained ground in several countries; currently, there is a difficult relationship with formal justice. These systems differ from criminal law because they are based on different worldviews: in the first, the community is the center of protection, unlike the latter where the individual is the center. This causes a rift regarding certain principles recognized by the formal justice. The penalty in these systems is presented as a communicative process, which can be interpreted as a secular penance. In Chilean criminal law it is believed that indigenous sanctioning systems no longer exist, belief that weakens when especially referring to Aymara Andean peoples, but which in our opinion is baselessly affirmed, in our point view, regarding the Mapuche people. The article refutes this denial, based on a qualitative research that shows some progress. The Az Mapu, as a punitive system, survives. (English) [ABSTRACT FROM AUTHOR]