Los sistemas de Justicia Indígena en el marco del pluralismo jurídico en el Estado Ecuatoriano.

This research aims to conduct a legal and doctrinal analysis of indigenous justice systems in the Ecuadorian state, starting from the constitutional recognition of legal pluralism within the state's territory. This implies that the Ecuadorian state acknowledges the diversity of legal systems operating within its borders. Indigenous justice systems in our country embody a vital expression of cultural and legal diversity. Rooted in ancestral traditions and indigenous community worldviews, these systems coexist with the state legal system, acknowledged and protected by the 2008 Ecuadorian Constitution. Indigenous justice is based on communal values, respect for nature, social harmony, and the restoration of relationships within the community. It's crucial to understand that these systems do not adhere to the same rules and procedures as the state judicial system. Instead, they rely on customary practices, community leadership, and processes of dialogue and reconciliation. A key aspect of indigenous justice is its restorative approach, prioritizing damage repair and the restoration of relationships affected by conflicts. Dispute resolution often involves mediation and consensus rather than punitive measures. However, this system has not been without controversy and challenges. Recognition and application of indigenous justice have sparked debates regarding individual rights, equality before the law, and the relationship between indigenous and state justice. Ecuador's Constitution acknowledges legal plurality and establishes mechanisms for coordination and collaboration between indigenous and ordinary justice, ensuring respect for fundamental rights and nondiscrimination. However, challenges persist in effectively implementing these systems, including a lack of resources, resistance from some sectors to recognition, and the need for a clear framework for coordination between both systems. 5 The coexistence of indigenous justice with the state legal system calls for understanding, intercultural dialogue, and respect for diversity. Striking a balance is essential to preserve the identity and autonomy of indigenous people while ensuring the protection of human rights and equality before the law for all citizens in the 21st-century Ecuador. The research methodology is qualitative, using the dogmatic and interpretative method of constitutional and legal norms. This approach responds to the problem by reconstructing the best possible interpretation allowed by the available legal material. Given the measurability and quantifiability of the social phenomena studied, I will measure and establish causal relationships between variables to explain the study's problem and current social reality. Keywords: Legal Pluralism, Justice Systems, Due Process, Constitutional Recognition, Equity, Ordinary Justice.

• Glavni avtor: Lara Verdezoto, Jorge Jahir (author)
• Format: bachelorThesis
• Jezik: spa
• Izdano: 2024
• Teme: JUSTICIA INDIGENA; PLURALISMO; ESTADO ECUATORIANO; JUSTICIA ORDINARIA
• Online dostop: https://dspace.ueb.edu.ec/handle/123456789/6961