Análisis Jurídico sobre la Aplicación de la Justicia Indígena y su Incidencia en los Derechos Humanos y Constitucionales

The administration of indigenous justice is a right enshrined in the Constitution of the Republic of the Ecuador, whose competence and jurisdiction is lies in the application of customs and ancient traditions in the solution of internal conflicts, that the authorities of the communities peoples and nationalities will apply its customary law unless it is contrary to the Constitution Conventions and international human rights treaties. In the so-called investigation "LEGAL ANALYSIS ON THE APPLICATION OF THE JUSTICE INDIGENOUS and HIS INCIDENCE IN THE RIGHTS HUMAN and CONSTITUTIONAL", analyzed the essential point of the term of legal pluralism in Ecuador, as a system of coexistence of the various rights within a State, where each system has its own procedures and rules for the settlement of disputes. Facing the designated context I analyze, if procedures and sanctions applied by the indigenous authorities as the bath with cold water, Scrubs it with nettle, with strong punishment, the incorporation into Community jobs and economic sanctions, respect the basic guarantees of due process. On the other hand also is analysis competition and the jurisdiction that has the authorities of the indigenous within each of their territories in order to understand better the category of authorities of a community, people, and nationality is a didactic description with which the Community authority of a people and of a nationality hierarchy is exposed, but this division of authorities 5 does not mean instances as justice ordinary but territorially are different each one of them. It relevant of the administration of Justice indigenous is that their decisions are of character definitive and of thing judged, by which not exist them resources as in the justice ordinary, but that not implies that the decisions of the justice indigenous not are observed, to the contrary, these resolutions that born within the breast of them communities indigenous are subject to the Control constitutional in this paper is an analysis, to the La Cocha case as one of the relevant facts that were resolved within the indigenous communities and subsequently develops a constitutional Control resulting in a ruling restricting indigenous authorities to administer justice in criminal matters which constitutes a constitutional restriction; It also discusses a case of rape, judged by the indigenous justice, leaving this crime with impunity and violation of the human rights of the victim.

• 主要作者: Granda Elizalde, Evelyn Adriana (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2016
• 主題: DERECHO; JUSTICIA INDIGENA; DERECHOS HUMANOS; ANÀLISIS JURÍDICO
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/17551