Derecho Indígena y Política de Persecución Penal. La Declaración Pulmarí de la Provincia del Neuquén

Abstract

The system arising from international human rights and constitutional rules in force in the Argentine Republic entails a mandate for all public authorities to respect ethnic and cultural diversity, so that indigenous peoples rights are truly respected both in sociological and axiological terms.

In this context, the Public Prosecutor’s Office of the Province of Neuquén has faced the challenge of creating and applying a policy of criminal persecution that respects cultural diversity, and has recognized an indigenous jurisdiction. The policy was forged in intercultural dialogue, and grants access to justice to indigenous peoples, thus breaking the linguistic, spatial, temporal and cultural barriers that the State’s justice system entails for them. The limit in the application of this policy is the interference with the public interest of recognising, protecting and guaranteeing human rights.