¿Pluralismo jurídico, interlegalidad o entrelazamiento jurídico? Consecuencias del uso del derecho consuetudinario indígena y la justicia indígena en los procesos constituyentes chilenos y en perspectiva comparada latinoamericana¹

One of the indigenous collective rights that has asymmetrical development in Latin America is the use of indigenous customary law, and therefore, indigenous justice and legal pluralism. The aim of this paper is to analyze the concepts of legal pluralism, interlegality, and legal entanglement, which are different stages of the first concept, and determine their legal status in some countries of Latin America, such as Peru, Bolivia, Ecuador, Venezuela, Colombia, and especially Chile. In the latter case, the emphasis is on the constituent process 2021-2022 and 2023. The results show that it is possible to find legal pluralism and interle gality, with differences, in the countries under study. Currently, Chile does not recognize the use of indigenous customary law, much less legal pluralism, although other alternatives have been tried to recognize indigenous legal institutions. The 2022 Chilean project for a new constitution included interlegality, with a legal dialogue between diverse justice systems, but this proposal did not prosper but it is still valid.