Traditional mores and customs in indigenous communities according to Neoconstitutionalist theory

Abstract

In contemporary legal theory the constitution forms the structure or platform for the guarantee of rights and freedoms. Thus the Mexican constitutional standard contains legal assumptions that result in practice in excluding each other, and in certain situations contradict each other and bring a methodological, constitutional and even theoretical syncretism. It is the aim of the present work not only to expose these contradictions, but also to demonstrate that the Mexican constitution in its context requires integrating an internal coherence by taking as a reference the principle of equality in the definition and recognition of customs-based indigenous law and positive law, as well as to describe the national legal pluralism and how both concepts applied to two paradigmatic cases in the municipality of Amealco de Bonfil, in Queretaro: Macedonia Blas and Alberta Alcántara and Teresa González.