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Boletín mexicano de derecho comparado
versão On-line ISSN 2448-4873versão impressa ISSN 0041-8633
Resumo
ORTEGA VILLASENOR, Humberto. Mexico as Multicultural Nation: A Proposal for Socio-Legal Links in the XXI Century. Bol. Mex. Der. Comp. [online]. 2012, vol.45, n.133, pp.215-251. ISSN 2448-4873.
This essay takes as its fundamental premise the relevance of integrating a judicial system for indigenous rights that will enable the institutions and norms of Mexican positive law to coexist in harmony with the judicial systems of the original indigenous peoples inhabiting Mexican national territory. This is a complex socio-judicial study that seeks to facilitate the transition from the stage of mono-cultural judicial hegemony as exercised by the power of the nation-state, to a stage of multi-cultural judicial pluralism. The analysis encompasses the international, federal, state, municipal and community levels. The hypothesis is guided by the recognition of Mexico as a multiethnic and pluricultural nation, and by the importance given to the rights of these human groups in the reform of articles 1 and 2 of the Mexican Constitution in 2001.
Palavras-chave : indigenous people; legal systems; cultural hegemony; judicial pluralism; interface; international mandate; regulatory reception.