THE MOBILITY OF THE SOUTH ANDEAN COMMUNITIES AGAINST THE PERUVIAN CONSTITUTIONAL LAW. CASE STUDY OF THE COMMUNITIES OF HIGUERANI AND CAMILACA

Palacios R.J.; Manzur Y.L.B.; Huanca D.Y.M.; Mamani M.A.Z.; Ccama F.K.A. · Dialogo Andino (2022) · DOI: 10.4067/s0719-26812022000200183

Resumen

The legal systems of indigenous communities have received a variety of names, from customary law or law of uses and customs. However, beyond a problem of signifiers, the meanings, interpretations and limitations that have been granted to indigenous law have implicitly assumed its inferiority below state or positive law. This material discusses whether Peruvian law assumes the mobility of South-Andean communities as part of its legal system. Faced with this, the research shows that human mobility is part of the history of the communities under study and that in addition, with it, culture, conflicts and their jurisdictional forms of resolution are also mobilized. Hence, it is relevant to generate scientific literature that makes it possible to demonstrate the mobility of the southern Andean communities as a relevant expression in their rights system.

Instituciones: Universidad Privada de Tacna