“Es un ídolo con pies de sal a punto de vadear un río”. Apreciaciones sobre el relevamiento territorial de la Ley 26160 en dos causas judiciales de comunidades mapuche en El Maitén, Provincia de Chubut.

Abstract

This article aims to analize the significance that the territorial survey of Law 26160/2006 acquired during territorial disputes judicialized in El Maitén, Province of Chubut. There, three Mapuche communities in a situation of territorial conflict resorted to the survey tool as a way of conveying the resolution or mediation of it. In the Sepúlveda community, the survey was carried out in 2008 by the National Institute of Indigenous Affairs (INAI), since the province had not yet adhered to the Law. In the case of the Cañio and Ñiripil communities, in 2012, even though the province already had adhered, the Public Defense convened an external team to carry it out, since the province was a party involved in territorial conflicts; finally, it was not realized. From these cases, our first objective will be to investigate what was the survey from its imponderables since they were operationalized in a sui generis manner. Second, show that in both cases it had a considerable specific weight within the legal cases. Finally, how it has been installed as a common language to live, speak and act on Mapuche territorial conflicts.