Archaeology of the indigenous voice

Abstract

The intention of this academic effort is to demonstrate that the current contradictions and paradoxes of the criminal law on indigenous jurisdiction correspond to the sedimentation of the contest of discursive imposition that still persists from the Spain during the conquest. To do this, it is examined the Dispute of Valladolid using the Michel Foucault's archaeology as methodology. The study, tries to show that contrary to exposed by the majority of the experts of the topic, the shock between Sepúlveda and De las Casas does not correspond to the fight between civilization and barbarism, but to the confrontation between two discursive orders that denied the indigenous voice and legitimized the royal power and papal authority.