Pluralismo jurídico y hábeas corpus. Análisis de la sentencia constitucional No. 112-14-jh/21

To the reader, the present titling work "LEGAL PLURALISM AND HABEAS CORPUS. ANALYSIS OF THE CONSTITUTIONAL SENTENCE No. 112-14-JH/21" has had the purpose of carrying out an evaluative and analytical work regarding legal pluralism and its relationship with the jurisdictional guarantee of ha...

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Bibliographic Details
Main Author: Jiménez Ochoa, Cristian Ricardo (author)
Format: bachelorThesis
Language:spa
Published: 2023
Subjects:
Online Access:https://dspace.unl.edu.ec/jspui/handle/123456789/27175
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Summary:To the reader, the present titling work "LEGAL PLURALISM AND HABEAS CORPUS. ANALYSIS OF THE CONSTITUTIONAL SENTENCE No. 112-14-JH/21" has had the purpose of carrying out an evaluative and analytical work regarding legal pluralism and its relationship with the jurisdictional guarantee of habeas corpus, this based on a sentence issued by the Constitutional Court of Ecuador, which, as is well known, is binding jurisprudence. A historical review of interculturality and multiculturalism in Ecuador is carried out, as well as the development of these concepts within the legislative and judicial framework, the peoples and nationalities of Ecuador, their presence in the national territory and their consequent own vision of the world, in where, because they are protagonists within the analysis sentence, it is done based on the Waorani Amazonian people. An analytical and descriptive work on national and international legislation, embodied in international agreements, gives life and meaning to the pluralistic provisions of the country's peoples and nationalities, as well as the legal argument on the origin and analysis of habeas corpus for this case, safeguard the rights of deprived of liberty. Finally, the main points of discussion that motivated the sentence, the nature of the arguments and the scope of sentence no. 112-14-jh/21, as well as pertinent jurisprudential rulings and focused on the subject of titling, in addition to a field study, applying surveys and conducting interviews with leaders and people familiar with customary law, who were able to provide valuable information, the which has undoubtedly been of vital and transcendental importance for the degree work.