Análisis jurídico de resoluciones de casos de alimentos a través de la Justicia Indígena en la comunidad de Casaiches durante el periodo 2020 al 2022.

The purpose of this research is to conduct a legal analysis of the resolution of child support cases through indigenous justice, focusing on the Casaiches community in the canton of Guaranda, Bolívar province. It is necessary to carry out a study to determine the type of procedure applied for the adjudication of these cases within the indigenous communities of the sector. While it is true that ancestral tradition plays a fundamental role in these processes, we cannot overlook the fact that the rights of the parties, as well as the rights of children and adolescents, must be respected. Additionally, it is important to determine the extent to which normative principles established by international law and the Constitution, such as the principle of the Best Interests of the Child and the Principle of Equity, are applied and how they may affect the outcome of rulings. The scope of indigenous justice is another priority factor for analysis, as the Ecuadorian state is constitutionally recognized as a diverse and multicultural entity, acknowledging its various nationalities. Under these precepts, the customs of the indigenous peoples and nationalities within the national territory are recognized, which stem from ancestral culture, primarily driven by custom and tradition, passed down from generation to generation with the aim of protecting it. One such tradition is the way of administering justice, which is currently legally recognized in the Constitution. This has led to the existence of a legal pluralism in the country, acknowledging both indigenous justice and ordinary justice. In this context, different indigenous communities resolve various conflicts within their members through indigenous justice, including child support processes for children and adolescents. This is the reason for the present research, as it is necessary to clarify on what grounds community leaders base their decisions when resolving such cases, 5 particularly in determining child support payments. In ordinary justice, there is a legally imposed table that must be consistently followed to ensure the well-being of minors. It is important to highlight which aspects indigenous justice prioritizes in imposing the alimentary responsibility on the provider to comply with child support for their children. Another important phenomenon worth studying is the interaction between ordinary justice and indigenous justice in cases involving children and adolescents. In the same communities, there are cases where people resort to indigenous justice, while others turn to ordinary justice, which clearly creates an imbalance with social and legal consequences. This research was carried out using descriptive and explanatory research methods, based on quantitative, qualitative, inductive, and deductive approaches, with the aim of quantifying data, qualifying and describing facts, and finally analyzing and concluding. Keywords: Indigenous Justice, Legal Pluralism, Ordinary Justice, Principle of Equity, Best Interests of the Child, Rights.

• المؤلف الرئيسي: Taris Yumbay Brayan Jesús (author)
• التنسيق: bachelorThesis
• منشور في: 2025
• الموضوعات: JUSTICIA INDÍGENA; PLURALISMO JURÍDICO; JUSTICIA ORDINARIA; PRINCIPIO DE EQUIDAD; PRINCIPIO DE INTERÉS SUPERIOR DEL NIÑO; DERECHOS.
• الوصول للمادة أونلاين: https://dspace.ueb.edu.ec/handle/123456789/8478