Los límites del pluralismo jurídico. Una revisión del caso de Venezuela: ¿Fractura o aporía?

Open Access

Abstract

Since the approval of the Constitution in 1999, the Venezuelan state recognizes a set of collective rights for indigenous peoples that imply, therefore, the incorporation of legal pluralism as a regulating principle of internormative relations. However, the absence of full normative development, as well as the non-application of the Organic Law on Indigenous Peoples and Communities, the obstruction or paralysis of the territorial delimitation process and the intensification of extractivist policies, among others, have been destroying the territories and specific ways of life of Venezuelan indigenous peoples, which calls into question the scope of these constitutional provisions. Based on this, this research seeks to demonstrate how in Venezuela the rights of indigenous peoples have not moved in a minimally acceptable way from their formal recognition to their effectiveness, remaining in the monocultural paradigm, through a process of negative deconstruction of the rule of law. To this end, the purpose is to identify the obstacles that lead to the lack of materialization of these rights, understanding them as limits to legal pluralism. Recognizing that the problem of the realization of legal pluralism does not only constitute a difficulty of theoretical understanding, but responds to basic material conflicts, where the struggle of interests, mainly socioeconomic, cultural, and political, impede the development of the recognition of the rights of indigenous peoples, the need arises for an approach to the analysis of the implications of these epistemological theories. Provide elements that help to undo the misunderstandings of unfounded or ill-founded theoretical conceptions, which tend to perpetuate the hegemony of monocultural pattern; deactivate theoretical and epistemological objections to legal pluralism, thereby collaborating in the construction of a specific legal culture, as an option to achieve cultural justice and, with it, the effective recognition of the rights of indigenous peoples in general, with ...