La jurisdicción y competencia de la justicia indígena y sus aplicaciones en el sistema de justicia ecuatoriano.

The jurisdiction and competence of indigenous justice and its application in ordinary justice would be effective and efficient, to the extent that ordinary justice respects the constitutional principles and guarantees expressed in favor of the indigenous peoples and nationalities of Ecuador; Therefore, the rights of indigenous peoples are the product of struggles and uprisings against different forms of domination and colonialism. Thus, article 171 of the Constitution establishes that the State must respect and guarantee compliance with the decisions made in indigenous justice, which will be subject to constitutional control. Reviewing to what extent the decisions issued by the indigenous justice system are respected by the jurisdictional bodies of the ordinary justice system, it is observed that there are judicial authorities that do not respect indigenous decisions, legal pluralism is violated and a greater conflict is created for the two justice systems; At the international level there are several International Conventions and Treaties on the Rights of Indigenous Peoples such as: ILO Convention 169, Declarations of the UN and the OAS, self-determination expressed in the Charter of the United Nations, among others. At the national level, the 2008 Constitution expresses plurinationality and interculturality, thus recognizing the existence of different legal systems. Therefore, the paradigms of legal monism and Eurocentric thinking must be transformed into a pluralistic justice that puts into practice the principles of speed, immediacy, suitability and reliability in an egalitarian and equitable justice.

• 主要作者: Chicaiza Ronquillo, José Eliecer (author)
• 格式: masterThesis
• 語言: spa
• 出版: 2024
• 主題: JURISDRICCIÓN Y COMPETENCIA; JUSTICIA INDIGENA; JUSTICIA ORDINARIA; TRATADOS INTERNACIONALES; DERECHO CONSTITUCIONAL
• 在線閱讀: http://repositorio.utc.edu.ec/handle/27000/12228