Decolonizing Justice: Legal Pluralism, Gender, and Indigenous Criminology in the Peruvian Amazon

Abstract

This article examines the limitations of legal pluralism and the implementation of intercultural justice in the Peruvian Amazon, focusing on Loreto. While Peru’s legal framework formally recognizes Indigenous jurisdiction, this recognition remains fragmented due to structural racism, institutional inertia, and the absence of interpreters and anthropological expertise. Based on 16 interviews with justice system operators, Indigenous community members, and public defenders, the study documents how Indigenous practices regarding sexuality, family formation, and conflict resolution are criminalized, reinforcing colonial hierarchies within the penal system. Findings reveal the urgent need for intersectional, intercultural approaches that respect Indigenous systems while protecting fundamental rights, particularly in gender-based violence cases. By centering Indigenous perspectives within Indigenous Criminology and Southern Criminology frameworks, the article underscores the need to decolonize criminal justice systems in the Global South. It calls for institutional reforms to advance genuine legal pluralism, transforming justice systems into spaces of cultural recognition and collective reparation.