Giustizia indigena e giustizia costituzionale interculturale nell’ordinamento boliviano

This essay focuses on the Bolivian indigenous justice system and on the functions performed by the Plurinational Constitutional Tribunal related to the autochthonous sphere with the aim to test the effectivity of the constitutional design. After a brief introduction, section II outlines the meaning of the so called etnodesarrollo in the Latin American debate in order to better understand, in section III, the decolonial ideology that underpins the new constitutional order. The consolidation of the Bolivian Plurinational and Intercultural State implies the recognition of a set of rights to the indigenous groups, as well as the equivalence between indigenous justice and ordinary justice, and the elaboration of new interpretative methods by the constitutional judges, as it is explained in sections IV, V, VI. The final section is devoted to some reflections on the distance between the Western legal categories that permeate Latin America and the chthonic law, notwithstanding the significant role played by the Bolivian Constitutional Tribunal to strengthen the indigenous values in this country.