Exclusión legal del indígena en el proceso de codificación en México

Abstract

The article demonstrates how European enlightenment thinking affected the Mexican codification process in the 19th century, with negative consequences for the recognition of indigenous identity and its rights, which was suppressed for the benefit of a modern civil identity that contrasted with the social and ethnic complexity existing. In this context, it is argued that the codification and its way of thinking alienated the jurist from reality, justifying an equality between unequals through legal formulas that today need to be questioned and reformulated, so that an ontologically correct Mexican law prevails.