El EL SISTEMA SANCIONADOR DE LOS INDÍGENAS WAYÚ. ¿MÁS ALLÁ DE LA TEORÍA DE LOS FINES DE LA PENA?

Abstract

This research article is the result of a reflective exercise, under the perspective of legal pluralism, which allows for an understanding of how the sanctioning system of the Wayúu community, located in the Guajira Peninsula between the borders of Colombia and Venezuela, resembles a restorative justice system—very different from the practice of the traditional purposes of punishment developed by criminal law dogmatics.

To this end, the first section addresses the historical and geographical context of the community, followed by an analysis of the theory of the purposes of punishment, and finally, an explanation of how the Wayúu penal sanctioning system works. This creates a space for discussion that encourages criminal justice systems to use this type of practice as input to transition from a criminal law of the enemy to a less interventionist criminal law more aligned with restorative justice mechanisms.