LA LUCHA WIXARIKA POR WIRIKUTA Y SU TERRITORIALIDAD. LA RESPONSABILIDAD PATRIMONIAL DEL ESTADO COMO INSTRUMENTO JURÍDICO DE DEFENSA

In the face of the unilinear and ethnocentric old evolutionism that placed societies in stages of development and was susceptible to the prioritization of cultures, culturalism highlighted that each culture was a result of multiple specific factors and it could only be explained on its own terms. Based on this anthropological reference, the ethnicity of the wixarika or huichol people should be appreciated, because the region of Wirikuta encases for them a symbolic territoriality that goes beyond the concept of territory or land solely understood as a means of production and an object to be possessed. The fortuitous distribution of minerals and the globalization of capitals backed up by the development doctrine have posed the contradiction between the interests of transnational corporations supported by the State institutions and the regional claims. The long fight of wixaritari to control their territoriality, which dates from half the XVIIIth century and extends to the present, sets the example of the ancient conflict enclosed by ethnic groups and the State. Finally, this paper suggests employing the Patrimonial Responsibility of the State, established in Article 28 from the Constitution, as an instrument for the preservation of the legitimate rights of the huichol people.