The reconfiguration of the indigenous legal culture of baja california: between norms and practices

Abstract

This paper analyzes the transformation of the legal culture of indigenous peoples in Baja California, highlighting their shift from a passive attitude to strategic legal activism. The author explains how Indigenous strategic litigation prompted the 2023 constitutional reform, guaranteeing rights of permanent political representation for these communities. Through a sociological approach, a significant gap is identified between the institutional vision of the State, focused on control and sanction, and the indigenous perspective, which prioritizes social justice and dignity. The study concludes that, in order to achieve true legal pluralism, the authorities must move from a punitive model to a restorative one with intercultural sensitivity. Thus, the ideas presented propose that the law is not only as a state norm, but is a tool for resistance and social change