The way in which black otherness has been conceived of in legal discourse is a system of representation, which ultimately embodies symbolic violence (Rojas, 2001), this violence is reflected in the exoticism, the threat, the subservience and the invisibility that in one way or another have been present in all norms designed to regulate the descendants of Africans from the emergence of the Diaspora and the institutionalization of slavery. Only two decades ago black otherness was recognized in terms of ethnicity, this was due to a series of organizational endeavors within black communities for empowerment as well as the adoption of multiculturalism in the constitutional change in 1991. Notwithstanding, national legislation has had an ontological approach with regards to people of African descent; it is worth noting the danger of addressing multiculturalism as a “new cultural racism,” as this logic would generate new forms of exclusion by reducing ethnicity to “natural” and immutable characteristics which are usually associated with folklore.