Se debe reformar el art. 3 del código de procedimiento civil, incluyendo a la justicia indigena como un tipo especial de jurisdiccion y competencia

The Indian legal system in the conception of the constitutional rule of law, intercultural and multicultural, allows us to assert the existence of an indigenous legal system and therefore the practice of the administration of justice according to ancestral tradition or their own right. In Article 171 of the Constitution of the Republic establishes the full force of legal pluralism in Ecuador, and thus ensures that the decisions of indigenous jurisdiction are respected by all institutions and authorities of unspecified. Consequently, in the same geographical area there are different systems of law, subject to a positive law and others based on their own or common law, the latter due to the presence of various indigenous peoples and nationalities, for it is necessary to consider legal rules are the Constitution of the Republic, the ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples. The transformations that have taken place, to social and political level, in our country, are closely related to the processes of mobilization of indigenous peoples. This has meant that these peoples have been at the center of the social and political agenda on various issues and the need to call for a space of legal transformation of the state, which was intended to be the Constituent Assembly. However, in this field, one of the most critical problems of indigenous peoples - State relationship, has been the subject of indigenous justice, which although applied in different ways in different indigenous communities have a minimum required procedural rule that prevents excesses and thus ensure the recognition of the constitutional rights of individuals. In recent years, Latin American States and Ecuador in particular have recorded a number of legal rules for the "protection" of rights of indigenous peoples. This is a set of rules and policies of the State; intended to allow for the inclusion of indigenous peoples in state structures. In front of the building system state domination, the indigenous peoples raised the proposal multinational state. The multinational state is a proposal that breaks the hegemony of the nation-state dispute the monopoly power of the capitalist class and the oligarchy, privileged sectors that have always believed to be the builders of the nation. However despite their existence is legally recognized, there are gaps that prevent or delay its recognition and implementation; Such is the case of the lack of explicit recognition of the type of jurisdiction to which the indigenous justice in civil procedural law so widespread today where it belongs; matter in practice is a default rule in all cases. The Code of Civil Procedure in its Article 3 determines the types of jurisdiction legally recognized in our legal system, in which no mention is made of indigenous jurisdiction; aspect that fosters confusion when making a judgment as it is not expressly stated in the type of jurisdiction and authority enjoyed by the indigenous justice, a fact which must be urgently reformed, with clear responsibilities. In the hierarchy of indigenous jurisdiction authorities exist to enforce and monitor the ancestral legal system; whose executions are based on the advice, the word, the terms of insurance, public shame and reintegration of the offender into the community and subject as the ultimate goal, achieving and maintaining social peace, harmony and balance.

• Päätekijä: Buñay Villa, Francisco (author)
• Aineistotyyppi: bachelorThesis
• Kieli: spa
• Julkaistu: 2014
• Linkit: http://dspace.unl.edu.ec/jspui/handle/123456789/15369