This document is a reflection on the challenges that the due criminal process faces in the context of the original peoples and communities; scenarios in which cultural diversity becomes an obstacle to access to justice. It is through the intercultural approach of the law that alternative solutions can be found to the conflicts generated within this complexity. It is intended to demonstrate that in the indigenous peoples the construction of the right to due process of law must include intercultural components such as dialogue, respect for differences, diverse knowledge, worldview, mastery of the mother tongue, to guarantee citizenship the maximum enjoyment of their rights and freedoms. The context of the indigenous peoples of Chiapas is used to argue the foregoing, given that at least twelve of those recognized by law and government institutions live in said entity.