State constitutional law and indigenous peoples: New challenges of the jude in the warranty of the rigths of those peoples

Abstract

This paper examines the new challenges of the courts in the emergence of a new form of state called State Constitutional Law, that because of the centrality placed in the Constitution and Human Rights Treaties, requires the judge to analyze of law with the constitutional principles and challenges him to adopt new ways of thinking and new actions to guarantee it. This situation is more complex in conflicts of indigenous peoples because of the structural exclusion once supported institutionally.