摘要：The purpose of this article is to try to establish the possibility of the relationship between the theory of J. Habermas (1998) about the tension between facticity and validity in law and its applicability to specifi c situations within everyday life scenario or “world. Within this perspective, we seek to articulate his theory to the understanding of the tension between positive law and indigenous customary law, based on the need to do an analysis of how through intersubjective agreements can think of legitimattion of the validity of legal norms of the Amerindian peoples, based on intercultural dialogue. Th is analysis will lead to exposing to track origin of the tension between the two types of law, from history and cultural identity, to build a hypothesis mediator later from a legal -cultural pluralism enrolled in bread indigenism Oquendo (2007, 2009).
