La denominación del conflicto interno en las comunidades indígenas; análisis de la sentencia 1-12 EI/21 emitida por la Corte Constitucional del Ecuador.

In Ecuador, indigenous communities face particular challenges in the management of internal conflicts, such as territorial disputes or leadership problems, which are traditionally resolved by indigenous justice, based on indigenous principles. The general objective was to analyze the denomination of internal conflict given by the Constitutional Court of Ecuador in sentence 1-12 EI/21. The research approach was qualitative since it analyzed the behaviors and attitudes within the indigenous communities and their knowledge about internal conflicts and how it relates to the sentence 1-12 EI/21, based on the guidelines dictated by the Constitutional Court. It is a descriptive study on the indigenous justice system, anthropo-legal, analytical and hermeneutic methods were employed, the techniques used include documentary review with the analysis of sentences 1-12 EI/21 and 2-19-EI/21 and using the semi-structured interview in the contrast of the information obtained. This case highlights the need to properly identify internal conflicts and apply principles that respect both indigenous autonomy and human rights. The results reflect the constant challenge that develops in the contradiction that sometimes arises between the decisions of indigenous justice and ordinary justice. It also clarifies the context in which internal conflicts develop and the different circumstances in which they can be applied according to the criteria emanating from the Constitutional Court on this point.

• Автор: Cacuango Duran, Flavio Ronaldo (author)
• Формат: bachelorThesis
• Опубліковано: 2024
• Предмети: conflicto interno, justicia indígena, autodeterminación, límites de la justicia indígena, jurisprudencia
• Онлайн доступ: https://repositorio.puce.edu.ec/handle/123456789/44686