Conflicto de competencias: la investigación y juzgamiento de indígenas en los delitos de tráfico, fabricación o porte de estupefacientes – jurisdicción ordinaria o jurisdicción indígena

Abstract

The Political Constitution of Colombia and its evolution in parallel with the legal system, brought with it the recognition of the fundamental rights of ethnic minorities, who are granted the guarantee of being able to use their own in situations where people belonging to their communities, according to ingrained customs and uses. However, in Colombian territory there are situations in which members of indigenous communities participate in criminal acts and the Colombian State, for the effective application of justice, meets the request of indigenous justice for which the trial of its members according to the norms and customs of their culture, generating legal conflicts and competences that must be resolved. The dilemma of the applicable jurisdiction has led to an analysis of what criteria the different judicial bodies must abide by, given the importance in the application of the rules. Therefore, it is necessary to know the criteria of the Constitutional Court of Colombia, to settle legal conflicts that may arise in the event of the possible absence of a harmonious system that allows a solution.