Análisis de resoluciones de justicia indígena en el cabildo de Carabuela en los delitos de muerte culposa de tránsito y lesiones provocadas en riña.

The objective of this study was to develop the legal institutions of article 171 of the Constitution of the Republic of Ecuador in its dogmatic meaning, through the confrontation regarding its form of application in two real cases within the framework of respect for constitutional guarantees, the observance of Human Rights, and based on the parameters established by the Constitutional Court in the judgment of the La Cocha Case, in order to establish whether there is a conflict of jurisdiction from the sphere of the Comprehensive Organic Criminal Code, since in the Article 5 numeral 9 of this normative body establishes the principle of “prohibition of double jeopardy” which implies that “no person may be judged or punished more than once for the same acts. The cases resolved by the indigenous jurisdiction are considered for this purpose. The objective is circumscribed in this way since, given the ignorance of the scope of competence of indigenous justice, matters that must be substantiated in ordinary justice are sanctioned, creating a collision with the principle of prohibition of double jeopardy, which is precisely why the investigative task It implied that, under the paradigm of qualitative research, the type of documentary research and legal criticism with its own techniques and instruments is considered, to conclude that not only is a training process necessary in indigenous communities, but also that there must be written regulations. in which the limit of material jurisdiction of indigenous justice is established.

• Hovedforfatter: Chávez, Francisco D. (author)
• Andre forfattere: Flores, Jadira M. (author)
• Format: masterThesis
• Sprog: spa
• Udgivet: 2022
• Fag: Derecho Penal; Competencia; Justicia ordinaria; Justicia Indígena
• Online adgang: http://repositorio.uotavalo.edu.ec/handle/52000/844