Principio de interculturalidad y su aplicabilidad en los procesos penales. Análisis de la sentencia de juzgamiento dentro del proceso No. 06282-2014-4616 del Tribunal de Garantías Penales del Cantón Riobamba.

The investigative work aims to analyze the interculturality principle to determine if it was applied in the judgment within process No. 06282-2014-4616 of the Criminal Guarantees Court of the Riobamba canton. To achieve the objective, a legal study was carried out. Moreover, doctrinal of the principle of interculturality and sociocultural anthropological expertise in criminal proceedings in which the indigenous population intervenes to determine if their rights to defense and legal security are guaranteed and to describe the legal consequences of the lack of application of the principle of interculturality in judicial processes. The unit of analysis of the investigation is located in the trial sentence within process No. 06282-2014-4616, through which the crime of murder was ruled. To study the legal problem, the inductive, analytical, and descriptive method was applied; a mixed qualitative-quantitative approach is assumed. Due to the degree of knowledge, it is exploratory-descriptive, pure, dogmatic, field and descriptive legal type, non experimental design. The population involved comprises Criminal and Prosecutorial Guarantees Judges from the city of Riobamba, to whom a questionnaire containing 14 Likert model questions was applied. Mathematical, computer, and logical techniques were used to process the information. The research results indicate that the administrator of justice is obliged to judge with a cultural perspective and that the principles of interculturality and sociocultural anthropological expertise must be applied in criminal proceedings against an Indigenous person. This legal obligation needed to be adequately observed in the No. Process. 062822014-4616, therefore, it concludes by pointing out that, in the case analyzed, the defendant's rights to defense and legal security were violated.

• 1. autor: Yantalema Pintag, Klever (author)
• Format: masterThesis
• Język: spa
• Wydane: 2024
• Hasła przedmiotowe: administración de justicia; derecho; sistemas jurídicos; imperio de la ley; procedimiento legal; sentencia judicial
• Dostęp online: http://dspace.unach.edu.ec/handle/51000/14003