ANÁLISIS DEL DERECHO AL USO DE LA LENGUA ORIGINARIA: A PROPOSITO DE LA SENTENCIA DEL TRIBUNAL CONSTITUCIONAL EN EL CASO MARÍA ANTONIA DÍAZ CÁCERES DE TINOCO

This paper about the importance of cultural identity in Peru proposes as the main mechanism of action, the appreciation of native tongues spoken by native communities. Therefore the STC 00889-2017-PA/TC of the Constitutional Court of 28th May 2018, published on the case of the Quechua-speaker citizen María Antonia Díaz Cáceres, was analyzed with a critical approach, showing how the breach of a constitutional norm leads to the violation of the fundamental rights. Likewise, the effective viability of the provisions contained in article 48 of the Political Constitution of Peru is proposed. This article's tools help locate, with greater precision, the places where communities with native tongues (different of the official language of the country) are, and in this way the government has no difficulty in the geographical identification of such populations, therefore can deliver services in the corresponding language.