Abstract

The historical formation of the border inhabited by the Aymara communities of the Tarapacá region in northern Chile has been configured with culturally diverse territorialities. Since Spanish colonization and later by the nascent republics, borders have marked the dynamics of the population. However, its inhabitants maintain practices based on ancestral mobility related to other historical spatial divisions as part of their territoriality, an aspect expressly protected in current law. The objective of this work is to relate the configuration of the border area from the Aymara cosmopraxis, assuming this reality from the concept of territoriality that regulates cross-border indigenous communities in the international legal structure. From genealogy as an analysis strategy, complemented through legal dogmatics, it is proposed that the State acts by homogenizing the cross-border space, which places it in an area of legal non-compliance. Cases are considered from the beginning of the 21st century to 2023.