Análisis del respeto de los derechos constitucionales en la aplicación de la justicia indígena en las comunidades de Otavalo en el año 2022
This scientific research offers an analysis of the respect of constitutional rights in the application of indigenous justice in the communities of Carabuela, Peguche and Cusipamba in the canton of Otavalo in the year 2022, the application of indigenous justice within the communities of study is part...
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| Format: | bachelorThesis |
| Publicat: |
2024
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| Accés en línia: | https://repositorio.puce.edu.ec/handle/123456789/42921 |
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| Sumari: | This scientific research offers an analysis of the respect of constitutional rights in the application of indigenous justice in the communities of Carabuela, Peguche and Cusipamba in the canton of Otavalo in the year 2022, the application of indigenous justice within the communities of study is part of the system of life of indigenous communities where it is not activated only when there are conflicts, but rather seek ways to improve living conditions as part of the governance of the communities themselves, The Constitution of Ecuador in its article 171 and 57 numeral 10, recognizes and guarantees the rights of indigenous peoples, including their right to self-determination and the application of their own justice, as long as the fundamental principles of human rights are respected, indigenous justice is governed by principles such as community participation, mediation, restoration of social balance and harmony with nature. These principles are intrinsically linked to the culture and cosmovision of indigenous peoples, in the study communities specific cases of application of indigenous justice in Otavalo during the year 2022 were analyzed, analyzing whether the constitutional rights of offenders were respected at the time of applying a sanction, where the decisions made by indigenous authorities were examined in comparison with the relevant constitutional provisions, identifying possible conflicts or inconsistencies. The study communities have sufficient criteria about the application of indigenous justice and constitutional rights. The study focuses on the communities' own practices that are put into practice to solve conflicts that arise within the communities. |
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