Análisis Jurídico del Reconocimiento Constitucional de los Pueblos y Naciones Indígena Originario Campesinos en el Estado Plurinacional de Bolivia
This research paper analyzes the constitutional recognition of Indigenous Originary Peasant Peoples and Nations (PIOC) within the framework of the Plurinational State of Bolivia, in accordance with the 2009 Political Constitution of the State (CPE). A legal-critical analysis of the normative content that supports the plurinational nature of the Bolivian State is carried out, identifying advances in terms of collective rights, self-determination, autonomy, Indigenous justice, and political participation. It also assesses the tensions between formal recognition and the effective implementation of these rights within the framework of a State that still retains centralist structures and hegemonic state practices. The legal challenges posed by the coexistence of Indigenous Originary Peasant law and ordinary state law are also addressed, highlighting the need to develop intercultural mechanisms that guarantee legal pluralism as a constitutional principle. I describe a qualitative methodology, using a descriptive, analytical, and hermeneutical approach, which allows for a critical interpretation of both legal and social norms and discourses, concluding that there is a discrepancy between the international commitments assumed in the field of human rights.
Publication Details
- Journal
- Dialnet (Universidad de la Rioja)
- Published
- 2025-01-01
- Primary Topic
- Geochemistry and Geologic Mapping
- Type
- article
- Field-Weighted Citation Impact
- 0.00