Los enfoques ético-políticos del Tribunal Constitucional peruano respecto de la diversidad cultural (1996-2012)

As from the beginning of its functions in 1996 until 2012, before the enactment of the Lawon the Right to Prior Consultation (29785) came into force, the Constitutional Court of Peruhad issued 21 sentences on indigenous issues. Most of them have been subject to analysisrelated to a specifi c indigenous right. However, after almost 20 years of institutionallife, it is necessary to have a comprehensive view on the way how the maximum body for constitutional interpretation in our country has seen and prepared a discourse, not only abouta specifi c right but also about the political, social and legal circumstances that result from thepresence of indigenous people within a modern nation state; that is, the existence of ethnicplurality within the framework of a state structure based on the abstract concept of equality forall its citizens. Therefore, this article envisages four ethical and political proposals for managingethnic plurality in nation states: the assimilationism, the integrationism, the multiculturalism andthe interculturalism. Taking into account these reference frameworks it will be shown how theConstitutional Court of Peru has fl uctuated from a restricted posture toward a more inclusivestance, unfortunately, that does not mean it is the best to protect indigenous rights.