Hacia una comprensión "trágica" de los conflictos multiculturales: Acuerdos reparatorios, violencia intrafamiliar y derecho propio indígena

Abstract

This paper analyzes the way of understanding the cases of approval and rejection of compensation agreements in matters of domestic violence, where both the victim and the accused belong to the Mapuche people, which have been resolved since 2011 by courts of the Araucanía Region. It argues that the ways of understanding these cases by the courts and the doctrine has not been proper, since ithas focused on determine the exclusive primacy that one of the colliding rights would have over the other. Facing this issue, the article suggests that the best way to understand these multicultural confl icts, and the judicial decision pronounced on them, is considering the "tragic" element present in these cases, which is confi - gured from the recognition of the characteristics and importance of the principles in collision and the legal goods they protect.