Conflictos generadores de colisión de competencia entre la jurisdicción ordinaria y especial indígena en el caso de los delitos en contra de niños, niñas y adolescentes, en el marco de la corte constitucional

Abstract

It is perfomed a theorical analitic descriptive from a theorical review about special indigenous jurisdiction in the legal system in Colombia, hich it allows to define the ordinary jurisdiction and special indigenous, through four frames that are: international, constitutional legal and regulatory and jurisprudential, the latter, It makes evident the conflicts that generate conflict of jurisdiction between the jurisdiction ordinary and special indigenous in the case of crimes against boys, girls and adolescents, developed through a set jurisprudential line of the Constitutional Court, using the method of the right of judges Diego Lopez Medina author. This method allows to analyze the legal problem thoroughly, demonstrating the judicial precedent regarding the topic in question in turn identifies the rules that must be taken into account to untie the conflict, for this, the Constitutional Court establishes the conflicts that generate conflict of jurisdiction; the supremacy of the principles, restrictions and limitations, the passive subject of society, the principle of lenity, using four criteria are; to greater conservation of their customs, greater autonomy; fundamental constitutional rights; the mandatory legal rules of public order; The customs of an indigenous community in rules dispositives. However, it is necessary to apply the four limits or evidence to establish competition either ordinary or special indigenous jurisdiction, which are: personal, territorial, institutional and objective thus allows dissolve conflicts of jurisdiction and in turn determine the competent without violating fundamental rights. To conclude, the line of decisions of the Constitutional Court is applicable and settled by the judicial system in actuality, also, the rules laid protect and guarantee the rights of active and passive subject, in the same way; unleashes conflicts generated by the collision Competition in the particular case and similar cases affecting indigenous justice.