La falta de reconocimiento formal a la Justicia Indígena en la importancia del Pluralismo Jurídico Constitucional

Indigenous justice was investigated within the legal framework of the Constitution of the Republic of Ecuador. In our country there are many indigenous communities and within the constitutional scope there are no norms that govern their justice within the sector. Therefore, the objective was to identify the lack of formal recognition of indigenous justice within the framework of Constitutional legal pluralism in Ecuador. A qualitative and quantitative approach was used, with a descriptive, bibliographic research and a scientific method applying an interview to the president of the second-degree organizational Onocis of the indigenous peoples of the Zumbahua Parish and its surroundings, and a survey to the governing body of the same sector. It turned out that the scope and limitations of the application of indigenous justice, it was considered that it positively influences harmonious coexistence, since, unlike justice in Ecuador, it can be applied as indigenous punishment so within of the community, people have the fear of committing impure and/or criminal acts, and its limitation is because it only applies within said community. With respect to inequality, the rights of indigenous peoples versus the ordinary justice that governs in Ecuador , it was evident that in the Constitution there is recognition by statutes and sections for each violent action carried out by a citizen, while there is a lack of recognition for the actions carried out by indigenous peoples within the community, and with respect to pluralism it is evident that The majority of people within the communities do not have knowledge about this aspect, which is why they tend to have less participation by social groups in democratic life.

• Hlavní autor: Umajinga Ante, Bayardo Gustavo (author)
• Médium: masterThesis
• Jazyk: spa
• Vydáno: 2023
• Témata: DESIGUALDAD DE DERECHOS; JUSTICIA INDÍGENA; LIMITACIÓN; RECONOCIMIENTO FORMAL; DERECHO; CONSTITUCIONAL
• On-line přístup: http://repositorio.utc.edu.ec/handle/27000/10810