La justicia indígena en el Ecuador y su cooperación con la justicia ordinaria en los delitos de conmoción social

While indigenous justice in our country is an issue that was established and was recognized as a model of application of law in the Constitution of 1998, the same that was based on customs and traditions own s of each people, recognizing with this autonomy to indigenous justice, indigenous community or nationality; This was confirmed and expanded in the 2008 Constitution that in Article 171. As part of a universal principle such as the equality of rights and opportunity that is established in our Constitution it is imperative that participation in the justice system either this ordinary or indigenous, thus generating the purest right to equality between the various social groups that coexist in our country. Our country is immersed in a legal pluralism, this under two systems of justice is recognized, so much is because the ordinary courts as indigenous justice, but beyond this there is a gap when trying to harmonize together, that under the principles of justice are very antagonistic when it really should be the opposite, ie the application of justice in the two systems should coexist harmoniously with any regulations that specify the principles of cooperation, more even if they are a multinational and multi-ethnic country such as Ecuador. This is as part of a response to the legal certainty provided by the State to all individuals who live within Ecuador either this individually or collectively, that virtually helps that under no circumstances any right or guarantee in it violates the Constitution. Similarly we can refer to recognition by the Organic Code of the Judiciary where clearly indigenous justice is established as an enforcement mechanism of legal justice in which the authorities of indigenous peoples shall exercise judicial functions, applying standards and own procedures for resolving internal conflicts in accordance with their customs or customary law, provided they are not contrary to the Constitution and laws and in one of the duties the law will make those functions compatible with those of the national judicial system. It is clear observation of the conflict between indigenous justice and ordinary justice as part of the same system of administration of justice, that under the population does not respond to a single orientation, creating tensions and conflicts of a judicial nature and competition between authorities, despite the constitutional mandate have failed to establish the necessary legal mechanisms for cooperation and coordination. All in all we conclude that it is necessary to regulate or harmonize the indigenous justice and ordinary justice, strengthening and improving the positive law regarding the application of justice.

• 1. autor: Bombón Muzo, César Leonardo (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2016
• Hasła przedmiotowe: DERECHO; LA JUSTICIA INDÍGENA; JUSTICIA ORDINARIA; DELITOS CONMOCIÓN SOCIAL
• Dostęp online: http://dspace.unl.edu.ec/jspui/handle/123456789/16843