El derecho consuetudinario de la diablada Pillareña y el acuerdo ministerial No. - 147 del Ministerio de Cultura

Abstract

The study analyses the relationship between the customary law governing the Diablada Pillareña and the state mandate to safeguard its originality, as set out in Ministerial Agreement No. 147. The importance of this lies in the fact that the continuity of the event depends on unwritten internal rules where roles, hierarchies, times and spaces govern its development, while the public administration assumes responsibility for ensuring cultural protection, maintaining order and collective security. A qualitative approach based on a dogmatic hermeneutic design was applied, which integrated a review of the Constitution, the Organic Code of Territorial Organization, Autonomy and Decentralization, Ministerial Agreement 147 and local regulations, along with ten semi-structured interviews conducted with legal professionals and cultural managers, considered as personal communication due to their non-recoverable nature. The analysis was developed using five categories: competence, purpose, proportionality, cultural adequacy, and participation. The results show that the halt to processes does not arise from the rules themselves but from the way in which they are applied, as they break down when there is no precise method for determining who makes the decisions and when. Participation does not generate a traceable record, as there are no minutes or matrix of contributions, responses and feedback, while measures are issued without justification based on proportionality and there is a lack of indicators to assess the transmission and continuity of essential features. The hypothesis is validated and an applicable alternative is proposed: a coordination protocol with phases and managers, a matrix of originality that separates essential features and adjustments, proportional justification for each limitation, and indicators with an annual report.