Autonomy and legal pluralism in indigenous communities

A reflection from human rights and the New Latin American Constitutionalism

Abstract

This article addresses how autonomy, self-determination, legal pluralism and human rights of indigenous communities have been recognized by Neo-Constitutionalism that prevails in Mexico. Analysis that makes visible the disarticulation that exists between the institutionalization of these rights from the monistic paradigm of the Constitutional Rule of Law and the practice of historical, experiential and identity processes developing from within indigenous communities. In this sense, indigenous social movements are approached as mechanisms that are articulated from below, from the communities themselves to build processes that constitute demands, resistances and struggles against the systematic structures of the Constitutional Rule of Law, looking institutional recognition and effective realization of self-determination, autonomy, legal pluralism and their human rights from the alterity, the otherness (“Otredad”) and the population diversity achieving thus the union of a pluriversal nation; which is intented to be achieved from the guidelines proposes the New Latin American Constitutionalism, which are addressed in the development of the present article.