“Estudio de la justica indígena al amparo del control constitucional”
Constitutionally recognized indigenous justice represents a system of justice of indigenous peoples and nationalities, with jurisdictional functions, based on their ancestral traditions and their own right, in their territory, with participation and decision of women, with application of norms and p...
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| Format: | masterThesis |
| Idioma: | spa |
| Publicat: |
2023
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| Accés en línia: | http://repositorio.utc.edu.ec/handle/27000/10324 |
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Afegir etiqueta | Sumari: | Constitutionally recognized indigenous justice represents a system of justice of indigenous peoples and nationalities, with jurisdictional functions, based on their ancestral traditions and their own right, in their territory, with participation and decision of women, with application of norms and procedures for the solution of internal conflicts, without contradiction to the Constitution and to human rights. This constitutional preamble makes it clear that there are two justice systems within the state, so we are facing a Pluralism Legal; and, that with their minutes of general assemblies they emulate the sentence written by a judge; decisions that under constitutional mandate must be subject to Constitutional Control; however, when this action is sued, The answer is to distance oneself from deepening this control in the sense that the Decisions issued must be respected by the institutions and authorities public, which creates a padlock so that you cannot question the actions carried out, leaving the criterion open, from the law as a doctrine that we are against res judicata despite the fact that they are practices that undermine the conception of human rights, integrity is transgressed, with the use of violence, there is no a written regulation and legal doctrine that supports its actions, concluding that the specific control of constitutionality whose purpose is not applied guarantee the constitutionality of the application of legal provisions within judicial processes, while magnifying legal pluralism established and not create conflicts in the regulatory system in Ecuador. |
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