journal Debate Rechtliche Kategorien und Identität in Lateinamerika

Carlos Ramos Núñez

La Ley Penal y el Indio: de la Realidad del Discurso al Discurso de la Realidad

The author develops the legal recognition that natives had in criminal law. At first it was considered a minor, an orphan in need of protection or a miserable one; in the nineteenth century, criminal law ignored the special situation of the natives. In the twentieth century, in the Criminal Code of Maúrtua natives are considered as semi civilized and criminal law as a means to bring them closer to civilization. Finally, the current Criminal Code has the legal figure of the culturally conditioned comprehension error that takes into account cultural differences.

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Date added 14. March 2019
© 2019 fhi
ISSN: 1860-5605
First publication