REFORMA A LA LEY ORGÁNICA DE TIERRAS RURALES Y TERRITORIOS ANCESTRALES. PARA GARANTIZAR LA REIVINDICACIÓN DE LA POSESIÓN ANCESTRAL DE LOS PUEBLOS Y COMUNIDADES INDÍGENAS Y EJERCER SU DERECHO COLECTIVO A LA ADJUDICACIÓN DEL TÍTULO DE PROPIEDAD

The present thesis is on the title: "REFORM OF THE ORGANIC LAW OF RURAL LANDS AND ANCESTRAL TERRITORIES. TO GUARANTEE THE CLAIMING OF THE ANCESTRAL POSSESSION OF THE INDIGENOUS PEOPLES AND COMMUNITIES AND TO EXERCISE THEIR COLLECTIVE RIGHT TO THE AWARD OF THE TITLE OF PROPERTY”, The legal problem of which I am objecting my research is that our Organic Law of Rural Lands and Ancestral Territories, at the time of its publication in the official registry and after its entry into force promised and presumed to be a legislation that besides being guarantor put an end to social needs in our country. Of course, no norm is perfect, but if it is the work of our legislators who were elected precisely by popular will, look for solutions to problems or other needs that may be taken along the way in our legislation. Thus, our country suffers from major legal shortcomings in the agricultural field, which have not yet been remedied by the legislative Specifically, I have one of these shortcomings as the violation of the rights of possession and property of ancestral communities present in our country and I consider that these collective rights are contemplated both in our Constitution in Article 57 and as Articles 23 and 79 of the Organic Law of Rural Lands and Ancestral Territories are guaranteed but the problem that arises in this thesis is the inapplicability of what is established in our legislation because these communities have been harmed by the implementation of oil and mining companies in the territory in which they are located, which has harmed them both in their coexistence and in their health, and they have seen the need to leave the place where they have lived 5 since time immemorial, due to migration of these communities, our pluralistic country is losing identity and these communities losing the spiritual and immemorial bond they maintain with their lands. The rights of possession and property of ancestral peoples and communities are fundamental rights and we believe that with the claim of possession to these communities it would be in some way correcting the damages committed to them and how the State has the obligation to protect the exercise of the constitutional rights recognized in the constitution in favor of the indigenous peoples and nationalities, and in the case in which the communities have been displaced from their territories the State has the obligation and the constitutional and legal duty to return those territories to the owners originating in this case to indigenous peoples and communities.

• Үндсэн зохиолч: Gómez Cevallos, Judith Stefania (author)
• Формат: bachelorThesis
• Хэл сонгох: spa
• Хэвлэсэн: 2019
• Нөхцлүүд: DERECHO; POSESIÒN ANCESTRAL; PUEBLOS INDÍGENAS
• Онлайн хандалт: http://dspace.unl.edu.ec/jspui/handle/123456789/21814