Derecho Penal e interculturalidad como manifestación del principio de igualdad

Abstract

The history of Chilean State and its relationship with indigenous peoples has been marked by inequality and conflicts. This paper critically analyses the relationship between Chilean Criminal Law and the indigenous peoples, describing different perspectives that have perpetuated the denial of a different culture. By means of analyzing case law of different Chilean Criminal Courts, the existence of a model of legal inequality is established, model that doesn't recognize the existence of an indigenous culture, undermining worth to its conflict resolution mechanisms and production of own rules.