constitutional recognition of Plurinational State for effective protection rights of indigenous peoples in Peru

Abstract

Peru is a country, multilingual, pluricultural and multiethnic linked to roots of economic dependence from the colonial period to the present, which have cemented our differences in the economic, social, political and legal. In this context, Indigenous Peoples, as vulnerable social groups, have been affected in their rights by governments in turn that have not complied with ILO Convention No. 169 on the Rights of Indigenous Peoples.

In Latin America, constitutional reforms are taking place in relation to the recognition of cultural diversity and the rights of indigenous peoples that manifest themselves in new forms of pluralist constitutionalism; that have evolved from the multicultural, pluricultural and plurinational constitutionalism; in this context our investigation has the purpose of determining the contributions that the constitutional recognition of the Plurinational State would grant for the effective tutelage of the rights of the indigenous peoples in Peru.

After the theoretical, doctrinal and normative analysis, the results obtained allow us to affirm that the constitutional recognition in our country of the Plurinational State would allow to protect the rights of the indigenous peoples such as: The effective prior consultation, the validity of the legal pluralism, the respect of the lands and properties of the indigenous peoples, the usufruct for the explorations and exploitations in their territorial space; the inclusion of Indigenous Peoples in social policies, the unrestricted fulfillment of their right to education and health.

For the development of this article of a juridical-dogmatic nature we use the techniques of documentary analysis and the bibliography and its instruments, the content analysis and the files: textual, commentary, summary and critical files.