Revisión sistemática del pluralismo jurídico en América Latina

Abstract

The development of international normative frameworks—such as ILO Convention 169, the American Convention on Human Rights, and the United Nations Declaration on the Rights of Indigenous Peoples—has enabled a progressive recognition of legal pluralism across Latin America. This study examines both the advances and the persistent discrepancies between the jurisdictions of Indigenous peoples and nationalities and the ordinary justice system. To this end, a systematic review of academic literature indexed in Scopus and Web of Science was conducted, alongside jurisprudential analysis, normative analysis, and the examination of relevant cases. The findings show that countries such as Ecuador, Bolivia, Colombia, and Peru exhibit a robust form of legal pluralism that recognizes collective rights of Indigenous peoples and nationalities, including the right to Indigenous justice and the right to self-determination. Despite this normative recognition, challenges remain, including extractivist practices in Indigenous territories, structural inequality, and legal centralism, all of which undermine the effective exercise of these rights. The study also reveals that most authors focus on analyzing the dynamics and implications of legal pluralism.