Los vacíos y superposiciones legales en cuanto a la justicia indígena crean conflictos jurídicos y sociales que atentan al debido proceso.

The Constitution of the Republic of the Ecuador in his fourth title, chapter room, second section with regard to the indigenous justice sets us: Article 171.-The authorities of the communities, peoples and indigenous nationalities may exercise jurisdictional functions, based on their ancestral traditions and his own right, within its territorial scope, with guarantee of participation and decision of the women. The authorities shall apply standards and procedures for the settlement of internal conflicts, and are not contrary to the Constitution and the human rights recognized in instruments international. The State shall guarantee that the decisions of indigenous jurisdiction are respected by the institutions and public authorities. Such decisions shall be subject to the control of constitutionality. The law shall establish mechanisms of coordination and cooperation between indigenous jurisdiction and the jurisdiction ordinary. Our Constitution recognizes a number of facts and rights respond to the reality with regard to the indigenous culture, is finally recognized that within the State coexist various cultures with space with sufficient legal spaces to keep each their peculiarities and identities. A multicultural State determines the coexistence of various cultures, which must be respected, the vision of the ordinary courts to the indigenous system should assess the positive aspects that indigenous justice has, and that it has maintained over time as a sui generis cultural symbol. "There is a much more ancient and common meaning where do most people when pronounced the word culture: as attribute of man ¨cultivado." The latter is reputed to dominate the knowledge that allow you to go further in the knowledge of all aspects of the real, as well as methods and mental equipment allowing him to multiply and deepen this science. On the other hand is credited with possibilities of the same order in the field of the imaginary where comes to be able to, for example understand and like forms of art accessible to others, as well as create new ones the same. This type of culture comprises a body of information and values privileged by the group to which the individual can access via a particular learning which gives you also the power of enriquecerlos.¨ within the indigenous justice, customary law has found mechanisms of punishment to individuals who have violated standards of conduct are respected by the indigenous community. Indigenous law has two elements that any legal system has them such as jurisdiction and competence, which is exercised because of the people and the territory. A system in which the authorities of the indigenous communities receptan the news, judging, and have the power to enforce its resolutions, therefore the indigenous justice system, valid and legitimate. Article 171 of the Constitution of the Republic recognized indigenous justice as an alternative mechanism for the settlement of conflicts in the indigenous communities, as it determines that: "the authorities of the communities, peoples and indigenous nationalities may exercise jurisdictional functions, based on their ancestral traditions and his own right, within its territorial scope, with guarantee of participation and decision of the women." The authorities applied standards and procedures for the settlement of internal conflicts, and are not contrary to the Constitution and the human rights recognized in international instruments. The State shall guarantee that the decisions of indigenous jurisdiction are respected by the institutions and public authorities. Such decisions shall be subject to the control of constitutionality. "The law shall establish mechanisms of coordination and cooperation between indigenous jurisdiction and ordinary jurisdiction. All these questions point out us that there is a serious problem in an important sector of society that has an impact at a general level in the population,. With the above background, I will make a thorough study of the rules governing the indigenous justice, to then raise a project of legal reforms aimed at attaining compliance with provisions of the Constitution of the Republic, making the implementation of a genuine indigenous justice in the country, with which persons involved in criminal acts enjoy due process as recognizes it the Art. 11 paragraph 9 fourth subparagraph.

• প্রধান লেখক: RUILOVA PRIETO, FAUSTO RENATO (author)
• বিন্যাস: bachelorThesis
• ভাষা: spa
• প্রকাশিত: 2011
• বিষয়গুলি: DERECHO; VACÍOS; SUPERPOSICIONES LEGALES; JUSTICIA INDÍGENA
• অনলাইন ব্যবহার করুন: http://dspace.unl.edu.ec/jspui/handle/123456789/20127