Declinación de competencia a favor de la justicia indígena en atención al juez natural caso: Sentencia Nro. 256-13-EP/21

This research aims to analyze the declination of jurisdiction in favor of indigenous justice concerning the concept of the natural judge, with a focus on the pivotal case of Judgment No. 256-13-EP/21 issued by the Constitutional Court. In the context of the following question: What criteria have been established based on Judgment No. 256-13-EP/21 regarding the declination of jurisdiction concerning the natural judge? It is essential to comprehend that within the framework of legal pluralism, the declination of jurisdiction is a continuously evolving phenomenon, where different normative systems coexist and often overlap. One of the fundamental challenges in this dynamic is determining which legal system prevails in a particular case, leading us to the concept of the "natural judge," especially in specific cases. Hence, Judgment No. 256-13-EP/21 serves as a paradigmatic example of the interaction between the state justice system and indigenous justice within the context of legal pluralism. It raised the question of whether the state justice system should relinquish its jurisdiction in favor of indigenous justice. This judicial process stands as a significant case that questions whether the state justice system should yield its jurisdiction to indigenous justice, emphasizing the importance of recognizing and respecting cultural diversity and ensuring equitable access to justice according to the customs and practices of the Zhiña community in the Nabón canton of the Azuay province.

• Main Author: Churuchumbi, Katherine P. (author)
• Format: bachelorThesis
• Language: spa
• Published: 2023
• Subjects: Derecho; Justicia; Sentencia judicial; Pluralismo
• Online Access: http://repositorio.uotavalo.edu.ec/handle/52000/948