Abstract

This article analyzes the legal, historical and sociological distinction between native people and indigenous community as a comparative study between the native peoples of Chile and Colombia, their concepts and recognition in different legal systems and international treaties, as well as the importance of the Spanish Crown in the development of indigenous societies and their integration into the world of law. Its main objective is to describe the legal and jurisprudential evolution of the fundamental rights of the communities and peoples of both countries, highlighting their autonomy and determination at the moment of recognizing themselves as a social group with an identity, culture and heritage from pre-Columbian times. The methodological design corresponds to a bibliographic-documentary study. Within the results of this research article, it is found how, at first sight, there is in this approach a different way of approaching this subject. In relation to the investigated findings, a progressive social evolution is identified in these communities throughout time, which has allowed them to resist to war conflicts and the formation of the State. As preliminary conclusions, an enduring legal concept on the importance of identity in indigenous communities and peoples is highlighted, underlining its relevance throughout history.