PROCEDURAL LAW AND PLURALISM. DISADVANTAGED GROUPS OF PEOPLE AND AN APPROACH TO LITIGATION STEMMING FROM LAND DISPOSSESSION AND FORCED DISPLACEMENT. HOW TO SETTLE PRIVATE (NON-STATE) LAND DISPUTES INVOLVING MEMBERS OF INDIGENOUS AND OTHER DISADVANTAGED GROUPS IN A JUST WAY WHILE GUARANTEEING DUE PROCESS OF LAW? GENERAL REPORT

Abstract

The author advocates the establishment, by the law, of special courts and procedures for the prosecution and adjudication of legal claims arising from land dispossession and forced displacement suffered by indigenous peoples and other disadvantaged groups, considering the legal, cultural and linguistic specificities of these cases, as a way to guarantee the due process of law and a fair decision.

Keywords

• Procedural Law
• pluralism
• land dispossession
• forced displacement
• indigenous peoples
• disadvantaged groups
• special court structures
• special proceedings